Dinesh Kumar Sah @ Dinesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65606 of 2022 Arising Out of PS. Case No.-61 Year-2020 Thana- MASHRAK District- Saran ====================================================== DINESH KUMAR SAH @ DINESH SAH S/O LAL DEO SAH Resident of village- Khabsi Hathisar Tola, P.S.- Goura, O.P. Mashrak, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Pratap Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 376, 341 and 504 read with section 34 of the Indian Penal Code. As per the prosecution case, the victim's marriage was finalized with the petitioner thereafter, the petitioner started visiting the informant's house and started making physical relationship with her. Subsequently, the petitioner refused to marry her and the petitioner and the co-accused persons abused

Patna High Court CR. MISC. No.65606 of 2022(2) dt.20-03-2023 2/3 the mother of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Charge-sheet has already been submitted against the petitioner so there is no chance of absconding. There is general and omnibus allegation against the petitioner. The petitioner is a major girl and both the parties chose to have sexual relationship without marriage and they were aware of the act. Learned counsel has further submitted that the medical report shows that there is no evidence of recent sexual intercourse. Learned counsel has relied on the judgment of the Hon'ble Supreme Court in the case of Mandar Deepka Pawar Vs. The State of Maharashtra and Anr., in Cr. App No. 442 of 2022 dated 27.07.2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim in her statement recorded under section 164 of Cr.P.C. has stated that the petitioner has made physical relation with her. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.65606 of 2022(2) dt.20-03-2023 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chhapra in connection with Masrakh P.S. Case No. 61 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T