Pusu Kumar @ Arbind Kumar @ Kushu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29660 of 2020 Arising Out of PS. Case No.-27 Year-2015 Thana- TEKARI District- Gaya ====================================================== PUSU KUMAR @ ARBIND KUMAR @ KUSHU CHOUDHARY Son of Pokhan Prasad Resident of Village- Nandan Bighga, P.S.- Tekari, Distt- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinki Devi W/o Anil Prasad R/o Village- Nanda Bigha, P.O. and P.S.- Tikari, District- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mrs. Renu Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 376 of the Indian Penal Code. The prosecution allegation, in short, is that the accused person entered the house of the informant and committed rape on her.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.01.2020. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case

Patna High Court CR. MISC. No.29660 of 2020(3) dt.06-01-2021 2/2 due to family dispute. The victim happens to be Bhabhi of the petitioner and due to dispute regarding property, the present case has been instituted. There is no medical examination report to support the allegations made in the F.I.R.. The petitioner has already remained in custody for a year.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -6th Gaya in connection with Tekari P.S. Case No. 27 of 2015.

(Sudhir Singh, J) Pankaj/- U T