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Patna High Court/32194/2023allowed

Deepak Nut @ Deepuk Kumar v. The State Of Bihar

2023-06-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32194 of 2023 Arising Out of PS. Case No.-87 Year-2021 Thana- BHAGWANGANJ District- Patna ====================================================== DEEPAK NUT @ DEEPUK KUMAR S/O KRISHNA NAT R/O VillageRajachak, P.S- Bhagwanganj, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 376, 376, 511, 379/34 of the Indian Penal Code. As per prosecution case, the informant alleged that while she was going to attend the nature's call, meanwhile the petitioner caught and outraged her modesty. Thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant is sister-in-law of the petitioner and due to land dispute, this petitioner has falsely been implicated in this case. The informant/victim is major and married lady. It is further

Patna High Court CR. MISC. No.32194 of 2023(2) dt.24-06-2023 2/2 submitted that good sense has been prevailed between the parties and in support of this, compromise petitioner has been annexed as Annexure-2. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 12.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhagwanganj P.S. Case No. 87 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Massaurhi, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T