Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43362 of 2025 Arising Out of PS. Case No.-33 Year-2023 Thana- BHARGAMA District- Araria ====================================================== Sonu Kumar S/o Indradeo Mandal Resident of Village- Paikpur, Balu, Tola, Ward no 02, P.S.- Bhargama, Distt- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX W/o Madan Mandal R/o Vill- Paikpar, Balu Tol, Ward No. 02, P.S.- Bhargama, Distt- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ramesh Kumar Singh, Advocate For the State :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 376 and 506 of the Indian Penal Code.

3. As per prosecution case, it is alleged that this petitioner committed rape with the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, on account of land dispute between the

Patna High Court CR. MISC. No.43362 of 2025(3) dt.31-10-2025 2/3 parties, this false and concocted case has been lodged. The present F.I.R. has been lodged after inordinate delay of two days and there is no plausible explanation for the same. Informant is a major. It is further submitted that during pendency of this case, due to intervention of well wishers of both the parties, the dispute between the parties has already been resolved and to that effect, the informant has also filed a compromise/withdrawal petition on 05.04.2023. Petitioner has got no criminal antecedents and he is in custody since 02.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, fact that dispute between the parties has already been resolved, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner 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 learned 1st Additional Sessions Judge-cumSpecial Judge, Araria in connection with Bhargama P.S. Case

Patna High Court CR. MISC. No.43362 of 2025(3) dt.31-10-2025 3/3 No. 33 of 2023.

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