Chinku Kumar @ Chotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63667 of 2023 Arising Out of PS. Case No.-470 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Chinku Kumar @ Chotu Kumar S/O Basant Ram R/O Village- Jahan Bigha, P.S- Bodh Gaya, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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, 493 and 506 of the Indian Penal Code.

3. Allegation against the petitioner who is the brotherin-law of the informant has established physical relationship with her from the last three years in the absence of her husband.

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 some conflict going on between the informant and the family members of the petitioner. The informant is a married lady and the allegation against the petitioner of committing rape

Patna High Court CR. MISC. No.63667 of 2023(2) dt.10-10-2023 2/2 of the informant is baseless as it seems there is consensual physical relationship between both of them from the last 3 years. Moreover, the petitioner is languishing in judicial custody since 03.06.2023.

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 Bodh Gaya P.S. Case No. 470 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Gaya. (Sunil Kumar Panwar, J) Shubham/- U T