Umang Kumar Singh @ Badia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37003 of 2020 Arising Out of PS. Case No.-243 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== UMANG KUMAR SINGH @ BADIA Son of Raj Kumar Singh Resident of Village - Balua Basanta, P.S. - Lalganj, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Sections 376, 341, 323, 504, 506/34 of I.P.C. The prosecution case, in short, is that the petitioner on the pretext of marriage committed rape upon the victim. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. On the pretext of marriage, physical relationship was established between the parties. The said relationship was consensual. Subsequently the victim was examined under Section 164 Cr.P.C., where she has admitted physical

Patna High Court CR. MISC. No.37003 of 2020(2) dt.17-04-2021 2/2 relationship but has not stated anything in respect of commission of rape upon her by the petitioner. Learned counsel for the petitioner has placed reliance of a case of the Hon'ble Supreme Court since reported in 2019 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sonar versus The State of Maharastra & Ors.). On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IX, Vaishali at Hajipur in connection with Lalganj P.S. case No.243 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U