Patna High CourtCR. MISC./49168/2021bail granted

Amarjeet Rai v. The State Of Bihar

2021-11-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49168 of 2021 Arising Out of PS. Case No.-125 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== AMARJEET RAI S/o Late Sahdeo Rai Resident of Village- Bishwanathpur Ward No.6, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 376 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, on 05.04.2021 at about 11 PM when informant was sleeping in her house, this petitioner is alleged to have entered into the house and tried to commit rape upon her.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The informant is a widow having three sons, aged about 25, 22 and 17 years and she is living with her sons and daughter-in-law and it is absurd to say that in presence of them the aforesaid occurrence has taken place. Petitioner is also a

Patna High Court CR. MISC. No.49168 of 2021(2) dt.24-11-2021 2/2 married person having four sons. In fact the informant had taken loan of Rs. 70,000/- from the petitioner and petitioner was demanding the same and since informant did not intend to pay the amount she filed the present case. Petitioner claims clean antecedent and is in custody since 06.04.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Dumra PS case No.125/2021.

(Prabhat Kumar Singh, J) BKS/- U T