Vishwajeet Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53440 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- MAHILA P.S. District- Vaishali ====================================================== Vishwajeet Sharma Son Of Dharmendra Sharma, R/O Village- Gajipur, P.SDesri, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP For the Informant :

Mr. Mirityunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 25 of 2022 lodged under Sections 376/34 of the I.P.C. and section 3⁄4 of D.P. Act.

As per prosecution case, the allegation has been made by the informant that taking benefit of her poor status, the petitioner had sexually abused her showing false love with her, when the parents of the informant offered to marry then the father of the petitioner was demanded a Bullet which was accepted by the informant's father but thereafter they again

Patna High Court CR. MISC. No.53440 of 2022(2) dt.15-11-2022 2/3 started demanding Rs.2,50,000/- on which the informant's father was shown his inability, thereafter this case has been lodged. Learned counsel for the petitioner submits that the entire allegation is false and the present case has been lodged only and only with a view to create pressure on the petitioner and his family. Counsel further submits that there is absolutely no allegation of rape made in the F.I.R.. Counsel for the petitioner also denied any physical relation between the informant and the petitioner. Counsel further submits that petitioner is in custody since 28.06.2022 having clean antecedent and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that bail of the petitioner may be rejected on the ground that petitioner has made false promise to the informant for marry and developed physical relation with her. Counsel for the informant further submits that as per informant's version petitioner is still ready to marry with her but only due to intervention of his family members, he is not inclined.

In the present facts and circumstances of this case and

Patna High Court CR. MISC. No.53440 of 2022(2) dt.15-11-2022 3/3 the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishalit at Hajipur in connection with Mahila P.S. Case No. 25 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T