Ranjeet Kumar Sah @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25912 of 2018 Arising Out of PS.Case No. -407 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Ranjeet Kumar Sah @ Ranjeet Kumar S/o Shri Ram Udagar Sah, R/o Vill.- Keota (Ward No. 2), P.S.- Dalsingsarai, District- Sitamarhi , Bihar (848114).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aaruni Singh For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dalsingsarai PS case no. 407 of 2017 instituted for the offence punishable under Section 376 of Indian Penal Code. The allegation in the present case is regarding the petitioner having committed rape upon the victim lady who is said to be the mother of two children.

The learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged. It is further submitted that the petitioner is the neighbour of the victim lady and there is a huge age difference between the petitioner and the victim lady and a land dispute is also going on

Patna High Court Cr.Misc. No.25912 of 2018 (4) dt.05-07-2018 2/2 in between the parties. The petitioner is said to be having a clean antecedent and he is languishing in custody since 09.01.2018. Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case as also the order dated 23.03.2018 passed by the learned Sessions Judge wherein he has recorded that as per the medical report, there is no evidence of sexual act having been committed with the victim lady, I deem it fit and appropriate to direct for release of the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Samastipur in connection with Dalsingsarai PS case no. 407 of 2017. It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) rinkee/- U T