Sourabh @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51887 of 2022 Arising Out of PS. Case No.-482 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== SOURABH @ RAJU KUMAR SON OF SURESH RAI R/O VILLAGEUFARPURA, DHANAUT, P.S.- PHULWARI SHARIF, DIST.- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends his arrest in connection with Phulwari Sharif P.S. Case No. 482 of 2022, registered for the offences punishable under Sections 376, 341, 323 and 504/34 of the Indian Penal Code.

As per allegation, the informant was tenant in the house of the father of the petitioner. In absence of his husband, the petitioner entered into her house and committed rape upon

Patna High Court CR. MISC. No.51887 of 2022(2) dt.20-01-2023 2/3 her at the point of knife. He also assaulted her husband. Thereafter, she went to her maika for her treatment and also to save her life and when she became well, she filed the case. The learned counsel for the petitioner has submitted that it is admitted fact that the informant is tenant of the petitioner. As a matter of fact, the husband of the informant had taken loan of Rs. 50,000/- from father of the petitioner and when he demanded, she along with her husband fled away to her maika. The father of the petitioner went to her maika for realization of that amount and a false case has been lodged after thirteen days of the alleged occurrence. He has submitted further that the informant, in writing, refused for her medical examination.

The FIR has lodged after thirteen days of the occurrence. The informant refused for medical treatment in writing, which is annexure-2.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Patna in

Patna High Court CR. MISC. No.51887 of 2022(2) dt.20-01-2023 3/3 connection with Phulwari Sharif P.S. Case No. 482 of 2022, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T