Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26879 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Rajnish Kumar S/o Arjun Ray R/V - Bhoraha, PS- Bochaha, DisttMuzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar

2. Puja Kumari, W/O Dhanai Rai, Resident of Village- Bhoraha, P.S. Bochaha, Dist:- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 448, 376, 506 of the Indian Penal Code.

3. Prosecution case in nutshell is that when the informant was sleeping along with her 2 years old child, the petitioner (brother-in-law of the informant) entered her room and started outraging her modesty. When the informant protested, the petitioner tied her mouth and ravished her. It is further alleged that the petitioner threatened the informant of dire consequences had she revealed the incident to anyone.

Patna High Court CR. MISC. No.26879 of 2024(3) dt.30-07-2024 2/2

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in the present case. He is a person of clean antecedent. The informant has stated in her statement, recorded u/s 164 of Cr.P.C., that the petitioner has not committed any misdeed with her and in the background of land dispute, she has dragged the petitioner in the present case with concocted allegations. The petitioner is languishing in judicial custody since 20.02.2024.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as clean antecedent, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bochaha P.S. Case No. 39 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIV, Muzaffarpur.

(Nawneet Kumar Pandey, J) Kundan U T