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Patna High CourtCR. MISC./30557/2023allowed

Yashwant Kumar v. The State Of Bihar

2023-06-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30557 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- DEWARIA District- Muzaffarpur ====================================================== Yashwant Kumar S/O- Jawahar Mahto Village- Muza Bangara, Ps- Deoria Dist- Muzaffarpur ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Deoriya P.S. Case No. 245 of 2022, registered for the offences punishable under Sections 448, 354B, 376, 511 of the Indian Penal Code.

As per the prosecution case, in the night the petitioner entered into the house of the informant and tried to make physical relationship with her forcibly.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence and no offence is made out under section 376 of the I.P.C against the petitioner. It is further submitted that the petitioner is 22 years old student, who is preparing for various competitive

Patna High Court CR. MISC. No.30557 of 2023(2) dt.13-06-2023 2/2 examinations whereas the informant is 37 years old married women having children. Petitioner has no criminal antecedent and is in jail custody since 30.12.2022.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and submissions on behalf of the learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, West, Muzaffarpur in connection with Deoriya P.S. case no.- 245 of 2022.

(Sunil Dutta Mishra, J) ashutosh/- U T