Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55266 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== ROHIT KUMAR S/o Sanjay Mahto R/o Village- Gulni, P.S.- Deep Nagar, Distt- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned 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 341, 376, 511, 34, 323, 324, 354 of the Indian Penal Code and 27 of the Arms Act. Allegation against the accused persons including the petitioner is of trying to commit rape upon the informant. The informant was said to have been assaulted also. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.55266 of 2021(2) dt.04-04-2022 2/2 petitioner has been made accused in the present case due to mistake of fact. From perusal of order of the Sessions Court, it appears that in course of trial of other co-accused in connection with the same case, the victim has not supported the prosecution case and she has retracted from her earlier statement. 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 of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Deep Nagar P.S. Case No. 213 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T