Dilip Das @ Dilip Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56747 of 2023 Arising Out of PS. Case No.-15 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== DILIP DAS @ DILIP KUMAR DAS SON OF VILASH DAS VILLAGE KATAI, PS- KATRA, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code and Section 4/6 of POCSO Act.

3. Allegation against the petitioner is that he committed rape on the informant when she went out for toilet.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that during hearing of this bail application, the informant filed an affidavit

Patna High Court CR. MISC. No.56747 of 2023(2) dt.11-10-2023 2/2 in the learned Court below regarding her marriage with the petitioner in the year 2018. She has also stated that they have two daughters and one son and she has been living peacefully with the petitioner since long. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Katra P.S. Case No. 15 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T