Patna High CourtCR. MISC./37913/2023allowed

Sushil Kumar v. The State Of Bihar

2023-07-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37913 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== SUSHIL KUMAR Son of Sanjit Thakur Resident of village - Jamhra (ward no. 05), P.s - Saur Bazar, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 342, 323, 325, 307, 376, 511, 354B, 504, 506/34 of the Indian Penal Code. As per allegation in the FIR, accused Prashant Kumar under a conspiracy took the victim girl at his lodge where three boys including the petitioner were already present. Accused Prashant Kumar has attempted to commit rape with the informant/victim in a room and accused Raushan Kumar locked the room from outside.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of attempt to commit rape is against co-accused

Patna High Court CR. MISC. No.37913 of 2023(2) dt.04-07-2023 2/2 Prashant Kumar. Petitioner is named in the FIR only because he is residing at the alleged lodge for study purpose. There is no allegation of any overt act against him. He has got no criminal antecedent and languishing in judicial custody since 25.03.2023. 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 CJM, Madhepura in connection with Madhepura P.S. Case No. 309 of 2023.

(Sunil Kumar Panwar, J) sushma/- U