Patna High CourtCR. MISC./54882/2023allowed

Rakesh Kumar v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54882 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- MAHILA PS District- Gaya ====================================================== RAKESH KUMAR SON OF DURGA PRASAD RESIDENT OF VILLAGE - KARPI, LALBAGH, POLICE STATION - KARPI, DISTRICT - ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjawal Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 376, 493, 341, 323, 506 of the Indian Penal Code.

3. It is a case of commission of rape by the petitioner to the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim is a married lady, who is aged about 28 years. He submitted that the informant had love affairs with the petitioner and there was a consensual relationship between the petitioner and the victim. From the perusal of the victim statement's recorded u/s 164 of

Patna High Court CR. MISC. No.54882 of 2023(2) dt.29-08-2023 2/2 the Cr.P.C., it appears that she wanted to marry with the petitioner ad hence she has lodged the present case to pressurize the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Mahila P.S. Case No. 46 of 2023.

(Sunil Kumar Panwar, J) arish/- U