Deepak Kumar @ Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34717 of 2023 Arising Out of PS. Case No.-52 Year-2022 Thana- MAHILA P.S. District- Madhepura ====================================================== Deepak Kumar @ Deepak Yadav Son Of Sri Dhirendra Prasad Yadav Resident Of Village- Laxmipur, Ps- Sourbazar (PATARGATH O.P.), DisttSaharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Nandan Prasad Mr. Vishesh Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Madhepura Mahila P.S. Case No. 52 of 2022 registered for the offence punishable under Sections 341, 323, 376D, 420, 504, 506,34 of the Indian Penal Code.

As per prosecution case, all the F.I.R. named accused persons including the petitioner took the informant from Gurgaon to Madhepura and committed rape with her forcibly by keeping her in Ganga Hotel situated in Madhepura town. It is further alleged that they threatened the informant to make her photo viral on social media.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is a matured and married lady with eight years old son. It is further

Patna High Court CR. MISC. No.34717 of 2023(3) dt.03-08-2023 2/2 submitted in para 8 and 9 of the petition that he informant travelled from Gurgaon to Madhepura and she did no make a single noise in course of travelling which clearly states that it was consented. She left Madhepura on her own as her husband was away for few days and no mention about her son whether she kept him with someone. Only with a view to grab the money and mentally harass the petitioner, the present case has been filed by the informant with concocted story. The other co-accused namely Prince Kumar has already been enlarged on bail by this Bench vide order dated 18.07.2023 passed in Cr. Misc. No. 18992 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 21.03.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Madhepura in connection with Madhepura Mahila PS Case No. 52 of 2022. (Sunil Kumar Panwar, J) lata/- U T