Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48810 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- MAHILA P.S. District- Vaishali ====================================================== RAHUL KUMAR S/o- Ajay Kumar Singh R/o Village- Khoksa Kalyan, P.S.- Desari, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Kumar, Adv.

Mr.Rajeev Ranjan No.II, Adv.

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-10-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner as well as Mr. J.N. Thakur, learned APP for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 13 of 2020, registered for the offences punishable under Sections 420/328/376(d)/ 385/504/506/34 of the Indian Penal Code.

As per allegation, the petitioner had taken Rs. 2,50,000/- from the informant Minu Devi for securing job in Post Office. The further allegation is that when she went to

Patna High Court CR. MISC. No.48810 of 2021(6) dt.11-10-2022 2/3 demand the money as she was not given job, the petitioner committed rape upon her after administering some intoxicant in cold drinks.

Learned counsel for the petitioner has submitted that the independent witnesses in paragraph nos. 20, 21, 22 and 48 of the case diary have stated that there was relation between the informant and the present petitioner and for some reasons there was dispute between them. He has submitted further that both the parties have compromised the case. He has also submitted that there is delay of more than one month in lodging the FIR. On the other hand, the learned Addl. PP Sri J.N. Thakur has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, especially, the fact that the matter has amicably been resolved between the parties, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Ms. Apurva Nayak, Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Mahila P.S. Case No. 13 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court CR. MISC. No.48810 of 2021(6) dt.11-10-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-sonali U T