Gulsan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3782 of 2021 Arising Out of PS. Case No.-284 Year-2019 Thana- DHAKA District- East Champaran ====================================================== GULSAN KUMAR SON OF SRI SANJAY SAH RESIDENT OF VILLAGEMIRPUR, P.S.- CHIRAIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Dhaka P.S. Case No.284 of 2019 registered for the offence punishable under Section 376 of the Indian Penal Code.

As per the prosecution case, the petitioner is the nephew of informant's husband who came in the maternal house of the informant and by threatening to kill her children and husband, committed rape upon her several times. She informed about it to her husband who used to live in Mumbai to earn livelihood. Thereafter the FIR was lodged.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent, has been falsely implicated in this case and has not committed any offence as alleged in the FIR.

Patna High Court CR. MISC. No.3782 of 2021(3) dt.01-06-2021 2/2 No such occurrence as alleged ever took place. Petitioner has been implicated in this case over dispute of share in family property. The doctor has not found any injury on her body or any sign of rape. The petitioner has no criminal antecedent and has been languishing in custody since 06.07.2020, as such, he may be enlarged on bail.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dhaka at Sikrahana in connection with Dhaka P.S. Case No.284 of 2019.

(Anjani Kumar Sharan, J) pallavi/- U T