Patna High CourtCR. MISC./6585/2021bail granted

Anil Kumar v. The State Of Bihar

2021-04-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6585 of 2021 Arising Out of PS. Case No.-19 Year-2020 Thana- HILSA District- Nalanda ====================================================== Anil Kumar Son Of Sonu Saw Resident Of Village Kaji Bazar, Hilsa, Police Station Hilsa, District Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Ms. Sangita Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Hilsa P.S. Case no. 19 of 2020 (S.T. no. 171/2020) registered under sections 376(C), 375, 420 and 120B of the Indian Penal Code wherein cognizance has been taken under sections 376, 420 and 506 of the Indian Penal Code.

As per allegation in the FIR, the informant states that the petitioner herein who happens to be her 'devar' (brotherin-law) committed rape on her. It is submitted by learned counsel for the petitioner that the allegations as narrated in the FIR are false and concocted which would be evident from perusal of the statement

Patna High Court CR. MISC. No.6585 of 2021(2) dt.05-04-2021 2/2 of the informant under section 164 Cr.P.C wherein she does not support her allegations as made in the FIR. The petitioner is in custody since 12.1.2020 i.e. for more than 1 year and has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the contents of the statement of the informant under section 164 Cr.P.C and the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with S.T. no. 171 of 2020 (arising out of Hilsa P.S. Case no. 19 of 2020) on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Hilsa,Nalanda. (Partha Sarthy, J) Prakash/- U