Patna High CourtCR. MISC./55894/2022allowed

Sanjay Yadav v. The State Of Bihar

2023-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55894 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- MIRGANJ District- Purnia ====================================================== Sanjay Yadav S/O Late Bindeshwari Yadav @ Late Bindeshari Yadav R/O Village- Dameali, Kori Tola, Ward No. 06, P.S.- Mirganj, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal Mr. Pawan Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 376 of the Indian Penal Code.

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

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the informant are next door neighbour and in the

Patna High Court CR. MISC. No.55894 of 2022(3) dt.17-02-2023 2/2 background of some previous land dispute, the present accusation has been levelled against the petitioner. The informant is major and she was examined by the doctor but no any sign of sexual assault was found. The petitioner is languishing in custody since 27.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Mirganj P.S. Case No. 56 of 2022.

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