Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49817 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- MAHILA P.S. District- Nawada ====================================================== Sudhir Kumar, S/o Ganga Mistri, R/o Village- Parariya, P.S.-Nardiganj, Dist.- Nawada, State- Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.
The accused/petitioner seeks bail in connection with Rajauli (Mahila) P.S. Case No.14 of 2022 registered for the offences punishable under Sections 341, 323, 312, 376, 504, 379 read with section 34 of the Indian Penal Code and section 66-E of the Information and Technology Act.
3.
The accused/petitioner is named in the FIR and is in custody since 26.06.2022.
4.
Allegation against the petitioner is to commit rape upon informant/victim, who is a married lady aged about 30 years and also mother of two children.
5.
It is submitted by learned counsel that the petitioner has been falsely implicated with present case out of neighbourhood dispute and differences. It is submitted that the
Patna High Court CR. MISC. No.49817 of 2023(2) dt.09-08-2023 2/3 informant/victim is a married lady and as such, there is no occasion to commit rape on false pretext of marriage. Learned counsel for the petitioner in support his submission relied upon the legal report of Hon'ble Supreme Court in the matter of Sonu @ Subhash Kumar vs. State of Uttar Pradesh & Anr. as reported in 2010 (3) BLJ SC 171. It is submitted that as the furniture shop of sister of informant/victim was close to the shop of petitioner, out of business dispute, as both are in same field of business, the present false implication was raised, where informant/victim appears to be made instrumental. It is also submitted that there is no any medical prescription in support of abortion as alleged that same was caused by this petitioner on 56 occasions.
It is further submitted that nothing surfaced during course of medical examination, which may suggest that rape was committed upon. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case is completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6.
Learned APP while opposing the prayer for bail submitted that the allegation of rape is specific against this petitioner and further it has been submitted that rape is a legal
Patna High Court CR. MISC. No.49817 of 2023(2) dt.09-08-2023 3/3 finding and not a medical term and as such non-finding of injury does not lead to a conclusion ipso facto that rape was not committed upon as alleged.
7.
In view of above-mentioned facts and circumstances and by taking note of fact as informant was living willingly with petitioner at Delhi out of her own sweet will, where present implication is raised only when petitioner refused to marry this informant/victim as per FIR, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 26.06.2022, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge-1st, Nawada in connection with Rajauli (Mahila) P.S. Case No.14 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T