Patna High CourtCR. MISC./48101/2023allowed

Arvind Kumar v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48101 of 2023 Arising Out of PS. Case No.-17 Year-2020 Thana- MAHILA P.S. District- Sitamarhi ====================================================== Arvind Kumar Son Of Late Pramod Sah Resident Of Village - Bhasar Lakshmipur, P.S. - Sitamarhi, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 376 of the Indian Penal Code.

It is a case of commission of rape upon the informant by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim is a married lady and in the background of some earlier dispute, the petitioner has been roped in the present case. For the

Patna High Court CR. MISC. No.48101 of 2023(3) dt.30-08-2023 2/2 alleged occurrence of 27.06.2020, the F.I.R was registered on 01.07.2020. The medical report also does not corroborate the case of the prosecution. The petitioner is languishing in custody since 20.02.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Sitamarhi in connection with Sitamarhi Mahila P.S. Case No. 17 of 2020(Sessions Trial No. 185/2023). (Sunil Kumar Panwar, J) Shageer/- U T