Patna High CourtCR. MISC./65387/2024bail granted

Abunasar @ Abunasir v. The State Of Bihar

2024-09-19Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65387 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Abunasar @ Abunasir Son of Jahidur Rahman Resident of Village-Chunamari Ambari, P.S. - Kochadhaman, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 376 of the Indian Penal Code, registered in connection with Kochadhaman P.S. Case No. 271 of 2023.

3. The allegation against the petitioner is of forcibly committing rape upon the informant.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. There is admitted land dispute between the parties due to which the petitioner has been made accused by the victim in this case. There has been delay of about 26 days

Patna High Court CR. MISC. No.65387 of 2024(2) dt.19-09-2024 2/2 in lodging the present F.I.R without any explanation of delay. The victim is a married lady who is aged about 30 years. He further submitted that the victim did not examine herself medically. Moreover, petitioner is a person of clean antecedent and he is in custody since 07.06.2024.

5. Learned APP for the State and learned counsel for the informant have opposed the prayer of bail.

6. Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Kishanganj in connection with Kochadhaman P.S. Case No. 271 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T