Sanjay Kumar @ Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50212 of 2022 Arising Out of PS. Case No.-80 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== Sanjay Kumar @ Sanjay Singh Son Of Chandrika Prasad Singh Resident Of Muhalla- C/162, Police Colony, P.O- Anisabad, P.S- Gardanibagh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd Singh, Sr. Adv.

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2023 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 376 of the Indian Penal Code.

Petitioner is said to have committed rape upon the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the father of the petitioner told the father of the prosecutrix to vacate the house since Novermber, 2021 who were living more than 7 years so in conspiracy, this false case has been instituted. He submits that prosecutrix is 45 years old, her husband left her in the year 2017 and she is contesting

Patna High Court CR. MISC. No.50212 of 2022(5) dt.21-02-2023 2/2 divorce case with her husband and in depression, she lodged the present false case. He submits that the prosecutrix denied her medical check up so there is no evidence of rape. He submits that occurrence took place on 08.06.2022 but the FIR has been lodged on 18.06.2022 after delay of 10 days without explaining any reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is delay in lodging the FIR, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahila P.S. Case No. 80 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T