Randhir Kumar @ Randheer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58297 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Randhir Kumar @ Randheer Kumar Son of Surendra Yadav R/o vill - Piparadih, P.S. - Salaiya, Distt. - Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rupa Kumari, Advocate.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Mahila P.S. Case No. 101 of 2022 instituted under Sections 376, 376(2)(d)(e) and 406 of the Indian Penal Code.

3. As per the prosecution case, the informant who was pregnant had gone for checkup where before delivery of her child co-accused Sharwan Kumar committed rape with the informant and told that the twin child was born but was demanding money for handing over the second new born child.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the FIR, however, in the confessional statement of co-accused his

Patna High Court CR. MISC. No.58297 of 2023(4) dt.21-06-2024 2/2 name has been transpired. There is no allegation against the petitioner made by the informant in her statement, except the confessional statement of co-accused there is no material against the petitioner. He further submits that the petitioner is neither the staff of the hospital nor the doctor of the hospital and he has no concern with the alleged occurrence. The petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned S.D.J.M, Gaya, Bihar in connection with Mahila P.S. Case No. 101 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Shivam/- U T