Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52057 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== Sumit Kumar S/o Vidya Sah, R/o Vill.- Purandarpur, P.S.- Goreya Kothi, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Siwan Mahila P.S. Case No. 45 of 2018 registered for the offences punishable under Section 376 (D) of the Indian Penal Code.

Allegation against the petitioner is of committing rape with the informant (victim) on the point of pasuli, while she was returning her home after meeting her friend on the eve of Eid festival.

It has been submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. The date of occurrence is 16.06.2018 but the F.I.R. has been lodged on 21.06.2018. There is no explanation of delay in lodging the

Patna High Court Cr.Misc. No.52057 of 2018(3) dt.02-11-2018 2/2 F.I.R. Petitioner has no criminal antecedent and he is in custody since 24.06.2018. It has been further stated that similarly placed co-accused Suraj Kumar has been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 59880 of 2018 vide order dated 08.01.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Siwan, in connection with Siwan Mahila P.S. Case No. 45 of 2018.

(S. Kumar, J.) Rajiv/- U T