Patna High CourtCR. MISC./64095/2024allowed

Manish Kumar v. The State Of Bihar

2024-12-06Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28012 of 2024 Arising Out of PS. Case No.-299 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Bajrangi @ Bajrangi Kumar Yadav @ Jai Bajrang Kumar, Son of Nath Narayan Yadav, Resident of Village- Bara, P.S.- Ara Muffasil, DistrictBhojpur ... ... Petitioner/s

Versus

The State of Bihar Patna 2.

X Daughter of Md. Rafiq Resident of Matiyara, P.S.- Koilwar, DistrictBhojpur ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64095 of 2024 Arising Out of PS. Case No.-299 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Manish Kumar, Son of Late Ram Babu Yadav village- Mahakampur Bara, P.S.- Ara (M), District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar 2.

Naushia Khatoon, Daughter of Md. Rafique, Village- Matiyara, P.S.- Koilwar, District- Bhojpur (Ara) ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 28012 of 2024) For the Petitioner/s :

Ms. Shweta, Advocate Mr. Pranjal Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP (In CRIMINAL MISCELLANEOUS No. 64095 of 2024) For the Petitioner/s :

Mrs. Malti Kumari, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Ara Muffasil P.S. Case No. 299 of 2023 for the offence registered under Sections 376(D) of the I.P.C. and Section 4 of the POCSO Act.

3. As per prosecution case, the petitioner along with

Patna High Court CR. MISC. No.28012 of 2024(9) dt.06-12-2024 2/3 the other accused persons assaulted the friend of the victim (informant) and committed rape upon her while she was coming back to her house from tuition.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case only on the basis of suspicion as no such occurrence has taken place as alleged by the prosecution. The informant in her fardbeyan named accused persons on the basis of their conversation by names. Learned counsel further submits that in her statement before the trial Court the victim admitted that the alleged occurrence had not taken place with her and her statement under Section 164 Cr.P.C. was recorded on the instigation of her friend, Md. Imran. The medical report shows that there is no direct evidence of rape. Both the petitioners have one criminal antecedent in which they are on bail. Petitioners are in jail custody since 22.12.2023 and 21.12.2023 respectively. Petitioners undertake to cooperate in the trial of the present.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioners, named above, be enlarged on bail

Patna High Court CR. MISC. No.28012 of 2024(9) dt.06-12-2024 3/3 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Ara (Muffasil) P.S. Case No. 299 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U