Jeevan Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38413 of 2018 Arising Out of PS. Case No.-67 Year-2017 Thana- MAHILA P.S. District- Araria ====================================================== Jeevan Kumar Gupta son of Dineshwar Sah @ Dineshwar Pd. Sah resident of village - Chakai, Police Station - Jokihat, District - Araria ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Prasad Singh, Sr. Adv. with Mr. Mukesh Kumar Rana, Adv.

For the State :

Mr. Amrendra Prasad, APP 77 For the informant :

Mr. Krityanand Jha, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-09-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

Petitioner, who is languishing in judicial custody since 26.03.2018, seeks bail in connection with Araria (Mahila) P.S. Case No. 67 of 2017 G.R. No. 3144 of 2017 for offence alleged under Section 376 of the Indian Penal Code. The prosecution case, as lodged by the informant, who is the victim, is that while she was at her uncle's place because of floods and she was sleeping in her house with her younger sister, the petitioner came and committed rape on her and also threatened to kill her on the point of knife. It is, further, alleged that a Panchayati was held in which the petitioner has accepted his guilt, but, fled away. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and there is no criminal

Patna High Court Cr.Misc. No.38413 of 2018(4) dt.05-09-2018 2/2 antecedent and the petitioner had love affairs and later the petitioner has filed an affidavit stating of compromise and denying the allegation as alleged in the first information report. He submits that charge sheet has already been submitted and now there is cordial relation between the petitioner and the informant.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the period of custody, 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 like amount each in connection with Araria (Mahila) P.S. Case No. 67 of 2017 G.R. No. 3144 of 2017 to the satisfaction of the Subdivisional Judicial Magistrate, Araria, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Shamshad/- U T