Hemchandra Kumar @ Hemchandra Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67397 of 2021 Arising Out of PS. Case No.-162 Year-2021 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Hemchandra Kumar @ Hemchandra Kumar Ray Son of Bhikhari Ray Resident of Village - Tatarpur South Tol, Police Station - Mohiuddin Nagar, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajeet Kumar Bhardwaj For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Mohiuddin Nagar P.S. Case No. 162 of 2021, registered for the offences punishable under Sections 376, 420 and other allied sections of the Indian Penal Code.

As per the prosecution case, this petitioner committed rape with the complainant and took her nude photograph. It is submitted that petitioner has been falsely implicated in this case. Petitioner is co-villager of the complainant and only with a view to extract money from the petitioner complainant lodged this false case. The complainant

Patna High Court CR. MISC. No.67397 of 2021(3) dt.25-07-2022 2/2 is a major lady and aged about 30 years. Moreover, the date and time of occurrence is not mentioned in the complaint petition. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 162 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T