Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34474 of 2022 Arising Out of PS. Case No.-46 Year-2021 Thana- MAHILA P.S. District- Samastipur ====================================================== Raja Kumar Son Of Bhola Singh R/O Village- Sarmastpur, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur Ms.Vaishnavi Singh For the Informant :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner, informant and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 376, 420 and other sections of Indian Penal Code and Section 67(A) of Information Technology (Amendment) Act, 2000.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case. Specific accusation of sexual misconduct is against co-accused, Sumant Singh. Allegation against this petitioner is only of threatening the victim. It is further submitted that during the trial of co-accused, Sumant Singh, the informant has not identified Sumant Singh in Court and accordingly, he was

Patna High Court CR. MISC. No.34474 of 2022(3) dt.07-12-2022 2/2 acquitted vide judgment dated 04.04.2022. Petitioner has got clean antecedent.

Learned counsel of the informant vehemently opposes the prayer for bail application.

Considering the fact that the main accused has already been acquitted by the Trial Court, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Samastipur in Samastipur Mahila P. S. Case No. 46 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T