Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43657 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== Vishal Kumar, Son of Ajay Das, Village- Birauli, P.S.- Pupri, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Belsand P.S. Case No. 04 of 2023 dated 09.01.2023 registered for the offences punishable under Sections 376 and 420/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the victim is about 8 to 9 years older than the petitioner and she is also a married lady having two children from her husband and the allegation of having established sexual relationship with her by this petitioner is completely vague in the FIR, and moreover, the nature of allegation levelled in the FIR does not show that the petitioner forcefully established sexual relationship with her even if the allegation levelled by her regarding establishing sexual relationship is deemed to be true. Further submissions are that

Patna High Court CR. MISC. No.43657 of 2023(2) dt.24-07-2023 2/2 the petitioner has fair and clean antecedent and has been languishing in jail since 05.04.2023 and against him the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Having regard to the facts and circumstances of this case and considering the above submissions and mainly the facts that the informant, who is stated to be the victim, is a married lady having two children and as per the above submission, she is 8 to 9 years older than the petitioner and as per the FIR, the informant remained in physical relationship with this petitioner for a considerable period but she remained mum in respect of the said relationship and did not take any legal action against the petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail 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 in connection with Belsand P.S. Case No. 04 of 2023.

(Shailendra Singh, J) annu/- U T