Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31254 of 2020 Arising Out of PS. Case No.-343 Year-2019 Thana- GORAUL District- Vaishali ====================================================== ADARSH KUMAR Son of Arun Chaurasia @ Arun Kumar Chaurasia Resident of Village - Dhane Goraul, P.S.- Goraul, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radhe Shyam For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376, 458, 354 of the Indian Penal Code. Allegation is that on the point of pistol the petitioner committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.02.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case for oblique reasons.

Patna High Court CR. MISC. No.31254 of 2020(3) dt.15-01-2021 2/2 The victim in course of investigation has refused for her medical examination by the doctor. A complaint was filed after delay of one month after the occurrence. The said complaint case was instituted as an F.I.R. under Section 156(3) Cr.P.C. There is no medical examination report on record to support the allegations made in the complaint case/F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, let 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 A.C.J.M. 1st, Hajipur at Vaishali in connection with Goraul P.S. case No.343 of 2019 arising out of Complaint case No.403 of 2018. (Sudhir Singh, J) Narendra/- U T