Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53981 of 2022 Arising Out of PS. Case No.-55 Year-2020 Thana- MAHILA P.S. District- Saran ====================================================== PRASHANT KUMAR Son of Late Narendra Singh @ Kaptan Resident of village - Mubarakpur, P.S.- Manjhi, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. A.G., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code.

The informant alleges that she came in contact with the petitioner in the year 2019 when they started talking with each other on mobile phone, it is next submitted that on pretext of marriage, he entered into physical relation and later resiled.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.07.2022 , is a person

Patna High Court CR. MISC. No.53981 of 2022(2) dt.04-01-2023 2/3 with clean antecedent.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the relationship was consensual and both petitioner and the informant are majors, it is next submitted that when their relationship soured, the present false case came to be instituted. Learned counsel for the petitioner next relies on an order dated 14.07.2022 in Cr. Appeal No. 962 of 2022 SLP (Cr. No. 5326 of 2022) Ansar Md. Vs. The State of Rajasthan and Another passed by the Hon'ble Supreme Court, wherein, in a similar situation, the Hon'ble Supreme Court was pleased to enlarge the accused Ansar Md. on bail.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.53981 of 2022(2) dt.04-01-2023 3/3 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. 55 of 2020. (Satyavrat Verma, J) HarshPandey/- U T