Patna High CourtCR. MISC./51472/2024bail granted

Mohit Pal @ Mohit Kumar v. The State Of Bihar

2024-07-25Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51472 of 2024 Arising Out of PS. Case No.-410 Year-2024 Thana- BIHTA District- Patna ====================================================== Mohit Pal @ Mohit Kumar S/O Butare Pal @ Lal Kumar Pal @ Lal Kumar Prasad R/O Vill- Gareriya Tola Deokuli @ Deokuli, P.S- Bihta, Patna-801103. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Kumar Prabhakar, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 376 of the Indian Penal Code, registered in connection with Bihta P.S. Case No. 410 of 2024.

3. As per prosecution case, petitioner is said to have committed rape upon the sister of the informant.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. He submitted that the victim has filed an affidavit which is available on record in which she stated that the petitioner was her friend and both were willing for marriage

Patna High Court CR. MISC. No.51472 of 2024(2) dt.25-07-2024 2/2 but the petitioner was delaying in marriage due to which she shocked and became unconscious. The petitioner never use force against the victim. He further submitted that she has also mentioned in her affidavit that her family members has lodged this case due to suspicion. petitioner is a person of clean antecedent and is in custody since 08.05.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as clean antecedent of the petitioner, 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 learned A.C.J.M.-1st, Danapur, Patna in connection with Bihta P.S. Case No. 410 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T