Ram Babu Yadav @ Rambabu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44276 of 2023 Arising Out of PS. Case No.-6 Year-2020 Thana- MAHILA PS District- Gaya ====================================================== RAM BABU YADAV @ RAMBABU KUMAR Son of Jitan Yadav Resident of village - Kandi Nawada, P.S. - Chandauti, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Mahila P.S. Case No.6 of 2020 dated 16.06.2020 registered for the offence(s) punishable under Section(s) 376(D) of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that admittedly the informant is major and married lady and the allegations levelled by her in the FIR are totally false and the same do not get support from her medical examination, earlier the informant lodged similar type of case i.e. Buniyadganj P.S. Case No.29 of 2017 against one namely Rohit Kumar which was later on compromised by her and the present matter has also been

Patna High Court CR. MISC. No.44276 of 2023(2) dt.25-07-2023 2/3 compromised by the informant which shows her intention mainly to extort money from innocent persons and petitioner has been languishing in jail since 24.01.2023. Further submission is that two similarly situated co-accused persons namely Sadhu Chaudhary @ Pramod Kumar and Munna Yadav @ Munna Kumar have been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos.6644 of 2022 and 18583 of 2021 respectively.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's plea that the medical examination does not support the allegations levelled by the informant and admittedly the informant is a married lady and she left her house on the telephonic call made by this petitioner as appears from the FIR and two co-accused persons named above carrying similar nature of allegation are on bail and as per the statement made in paragraph 6 of the petition the informant earlier lodged Buniyadganj P.S. Case No.29 of 2017 against one namely Rohit Kumar with the similar type of allegation and that case was compromised by her and as per above submission, the instant matter has also been compromised by her and the said fact

Patna High Court CR. MISC. No.44276 of 2023(2) dt.25-07-2023 3/3 raises a question regarding the reliability of the allegations levelled by her, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Mahila P.S. Case No.6 of 2020 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T