Somnath Yadav @ Shobhnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45288 of 2024 Arising Out of PS. Case No.-417 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== Somnath Yadav @ Shobhnath Yadav Son of Ganesh Yadav R/O VillageItahari, P.S.- Rasulpur, Dist.- Chapra (Saran) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kajal Kumari @ Sabina Khatoon W/O Yugesh Kumar Ram R/O Vill.- Bela Bahadurpur, P.S.- Naanpur, Dist.- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sitamarhi P.S. Case No. 417 of 2019, registered for the offences punishable under Sections 366, 368, 376, 379/34 of the IPC.

3. As per allegation, the petitioner lured the informant from Sitamarhi to Kandra with promises of a high salary job. The informant went with the petitioner and upon arrival, she was held against her will, had her gold jewelry taken and the petitioner along with an accomplice Prem Rai committed rape upon her. It is further alleged that when the informant managed to inform her husband, he came with the police to rescue her.

Patna High Court CR. MISC. No.45288 of 2024(2) dt.03-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. The present FIR has been registered on the basis of the complaint lodged by the alleged victim. Prior to this occurrence, the victim has lodged a case against her husband which is Nanpur P.S. Case No. 290 of 2014 which was registered under Section 376 and allied sections of the IPC. Learned counsel has also submitted that the evidences collected during the investigation shows that there was consensual relationship between the petitioner and the informant. The petitioner is under custody for more than 6 months.

5. Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Sitamarhi P.S. Case No. 417 of 2019, subject to the following condition:- The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) SONALI/- U T