Sushil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41335 of 2021 Arising Out of PS. Case No.-216 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== SUSHIL KUMAR Son of Badri Mahto Resident of Village- Shekh Dhurwa, Ward No.1, Police Station- Manuapul, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Mishra For the Opposite Party/s :
Mr. Dilip Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Majhauliya P.S. Case No. 216 of 2019 registered under Section 366(A)/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The first information report is lodged after lapse of one week of the alleged occurrence in the instant case. Further he submits that the victim, in her statement recorded under Section 164 Cr. P.C. (Annexure-2) specifically stated that she went to Delhi and stayed there 15-16 days and thereafter, she went to Nepal and stayed there 5-6 days with this petitioner, but during that period she did not raise hulla. It is
Patna High Court CR. MISC. No.41335 of 2021(2) dt.11-03-2022 2/2 also submitted that petitioner has no criminal antecedent. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of C.J.M., Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 216 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
shailendra/- (Arvind Srivastava, J) U T