Patna High CourtCR. MISC./48684/2023allowed

Mohit Kumar v. The State Of Bihar

2023-09-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48684 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Mohit Kumar Son Of Ramakant Chaudhary Resident Of Village Bhaghamberpur Nawka Tola Police Station Srinagar District West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajeet Kumar Bhardwaj For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 328, 376 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is that he committed rape to the informant after administering obnoxious things.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. He has got no criminal antecedent. As per Medical Report, which is annexed as Annexure-2, doctor opined

Patna High Court CR. MISC. No.48684 of 2023(3) dt.06-09-2023 2/2 there is no recent sign of any sexual intercourse came into light. It is further submitted that the petitioner is languishing in judicial custody since 23.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Srinagar P.S. Case No. 47 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) Manishkumar/- U T