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Patna High CourtCR. MISC./62471/2023allowed

Anil Thakur v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62471 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- MAHILA P.S. District- Sheikhpura ====================================================== ANIL THAKUR Son of Rambriksh Thakur R/o vill - Sarba, P.S. - Barbigha, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 section 376, 506, 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner committed rape with her after administering intoxicated materal.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to previous money dispute. There is inordinate delay of 25 days in lodging the FIR without given

Patna High Court CR. MISC. No.62471 of 2023(3) dt.18-12-2023 2/2 any cogent reason. As per Para-97 of the Case Diary, medical report has not supported the prosecution version. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhpura Mahila P.S. Case No. 29 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 S.D.J.M., Sheikhpura. (Sunil Kumar Panwar, J) manishkumar/- U T