Vikram Kumar @ Chhotu Yadav @ Vikram Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32503 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== Vikram Kumar @ Chhotu Yadav @ Vikram Raj S/O Nand Kishore Rai Resident Of Village- Rampur Parori (East), Ward No.17, P.S.- Punaura, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Kant Tiwary For the Opposite Party/s :

Mr.Ram Bilash Roy Raman For the State : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 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, 342, 323, and 376 of the Indian Penal Code.

As per FIR, it is submitted that the wife of the informant is not mentally fit and her treatment is going on and the allegation against the petitioner is that he forcibly entered the informant's home thereafter he assaulted and attempted to rape with the informant's wife.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land

Patna High Court CR. MISC. No.32503 of 2022(10) dt.24-08-2023 2/2 dispute. As per Medical Report, which is mentioned at para64 of the case diary, wherein doctor has not opined any visible injury on the body of the victim and it was also not confirmed by the doctor that rape has occurred with the informant's wife or not. It is further submitted that the petitioner is languishing in judicial custody since 19.01.2022.

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 Punaura P.S. Case No. 79 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 Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) Manishkumar/- U T