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Patna High CourtCR. MISC./38060/2023bail granted

Ramsringar Das v. The State Of Bihar

2023-07-07Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38060 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- MAHILA P.S. District- Samastipur ====================================================== Ramsringar Das Son of Late Saukhi Das Resident Of VillageSahpurbaghauni, Tatma Toil, Ps- Baini, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kanchan Kumari, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 18 of 2023 dated 12.03.2023, instituted for the offences punishable under Sections 376, 379, 420, 504, 506, 509 and 34 of the Indian Penal Code and 67(A) of I.T. Act.

3. The prosecution case, in short, is that in the month of April, 2020, the son of the petitioner has secretly made video of the informant (victim) while taking bath without any clothes and raped her on several occasions and extort money on the threat to make the video viral. On 1st June, 2020, the petitioner also extorted Rs. 50,000/- from the informant and thereafter raped her and clicked her indecent photo. It is alleged that both the petitioner and his son have extorted approximately Rs. 4,00,000/- from the informant till date.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.38060 of 2023(2) dt.07-07-2023 2/2 case. It is further submitted that the informant is a married woman aged about 27 years. It is further submitted that the petitioner along with his family members had lodged Case No. 411 of 2023 against the whole family of the informant and just to take revenge, the present F.I.R. has been lodged. It is further submitted that F.I.R. has been lodged after 8 months of the last date of occurrence, without any explanation for delay. The informant is the wife of the petitioner's cousin. Lastly, it has been submitted that the petitioner is in custody since 15.04.2023 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Samastipur in connection with Samastipur, Mahila P.S. Case No. 18 of 2023. (Khatim Reza, J) Annpurna/- U T