Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61014 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- BARIYARPUR District- Munger ====================================================== 1.

MUKESH KUMAR Son of Sikandar Paswan Resident of VillageKalyanpur, P.S.- Bariyarpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arpana Kumari For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bariyarpur P.S. Case no. 34 of 2021 instituted for the offence under Sections 341, 323, 379, 354, 376/34 of the Indian Penal Code.

As per prosecution case, complainat is married woman and petitioner is her next door neighbour. Complainant has one daughter and one son from the wed-lock of her husband Sunil Kumar. Husband of complainant was living in Delhi for his livelihood. Petitioner and complainant fell in love with each other. It is further alleged that petitioner sexually exploited the

Patna High Court CR. MISC. No.61014 of 2021(3) dt.11-07-2022 2/2 complainant under threat to her for 14 years. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He further submits that from perusal of complaint petition it transpires that no case u/s 376 IPC is made out against the petitioner. He further submits that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bariyarpur P.S. Case no. 34 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Munger subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U