Patna High CourtCR. MISC./55712/2023allowed

Rahul Kumar Yadav v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55712 of 2023 Arising Out of PS. Case No.-220 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Rahul Kumar Yadav Son Of Ratan Yadav Village- Dumariyahi Ps- Rudrapur Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 420, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he established physical relationship with the victim(informant) on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is love affairs between the parties and from perusal of FIR as well as the statement of the victim recorded under Section 164 of the Cr.P.C., it seems there is consensual relation between

Patna High Court CR. MISC. No.55712 of 2023(3) dt.29-11-2023 2/2 both the parties. Victim is major and aged about 21 years as per her deposition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lakhnaur P.S. Case No. 220 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) Shubham/- U T