Raj Kumar @ Raj Kumar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71934 of 2022 Arising Out of PS. Case No.-535 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== Raj Kumar @ Raj Kumar Bhagat S/O Ram Dayal Shing @ Ram Dayal Bhagat Resident Of Village- Goraul Bahadurpur, P.S.- Goraul, DistrictVaishali. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kaushal Kishor For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 420, 376, 504, 506, 434 of the Indian Penal Code.
As per the allegation in the F.I.R, in the night of 07.07.2021, Sandeep Singh made telephonic call to the informant whereafter, she went along with him to Muzaffarpur where he established physical relationship with her. Further allegation is that one Vishwakarma
Patna High Court CR. MISC. No.71934 of 2022(4) dt.19-05-2023 2/3 Kumar and Mithlesh Singh also established physical relationship with her two months prior to the present occurrence at her house and again Rakesh Singh, Ajit Singh and Rahul Kumar also established physical relationship with her and she was threatened of dire consequences and was also illegally confined. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that from bare perusal of the F.I.R, it would show that she of her own will had established physical relationship with the above named persons. However, thereafter, she has dragged in number of persons alleging physical relationship with her. For the alleged occurrence of 07.07.2021, the F.I.R was registered on 23.07.2021. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 15.11.2022 passed in Cr. Misc. No. 1646 of 2022. The petitioner is languishing in custody since
Patna High Court CR. MISC. No.71934 of 2022(4) dt.19-05-2023 3/3 26.05.2022.
Learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Muzaffarpur in connection with Kurhani (Turki O.P.) P.S. Case No. 535 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T