Chandan Kumar @ Neeraj Kumar @ Niraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46461 of 2019 Arising Out of PS. Case No.-267 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== CHANDAN KUMAR @ NEERAJ KUMAR @ NIRAJ S/o Subodh Sharma @ Ramanand Sharma @Subodh Singh R/o village- Bandhuganj, P.S.- Ghoshi, District- Jehababad (present address wrongly mentioned in the F.I.R. as Hanuman Nagar, Adarsh Colony, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Patrakar Nagar P.S. Case No. 267/2019, instituted for offence under Section(s) 376 of the Indian Penal Code.

Learned counsel for petitioner has submitted that petitioner is co-villager as well as cousin brother of informant. Due to family dispute false case has been lodged against him. There is contradiction in the statement of victim given before the police under Section 161 Cr.P.C. and in the F.I.R. It is further submitted that in the F.I.R. as well as in the statement of victim recorded under Section 161 Cr.P.C. it is mentioned by the victim that she was pregnant of eight months

Patna High Court CR. MISC. No.46461 of 2019(3) dt.29-08-2019 2/2 at the relevant time.

Case diary has been received.

In the medical report doctor has found no external or internal injury on the body of victim.

Petitioner is in custody since 18.04.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Sub Judge Xthcum-Additional Chief Judicial Magistrate, Patna, in connection with Patrakar Nagar P.S. Case No. 267/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T