Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64029 of 2023 Arising Out of PS. Case No.-3 Year-2020 Thana- MAHILA PS District- Katihar ====================================================== Rahul Kumar Son of Anant Singh Resident of Village-Tarapur, Mohanganj, Police Station-Munger, District-Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Vikram Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-02-2024 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and Mr. Arun Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Katihar Mahila P.S. Case No. 03 of 2020, F.I.R. dated 03.02.2020 for the offences punishable under Sections 376, 323, 379, 341 and 34 of the Indian Penal Code but the police after investigation submitted charge sheet under Sections 493 and 497 of the Indian Penal Code.
3. According to prosecution case, this petitioner on the pretext of marriage made physical relation with the informant. It is further alleged that when the informant went to the petitioner's house, then this petitioner forcibly caught her
Patna High Court CR. MISC. No.64029 of 2023(4) dt.29-02-2024 2/3 and tried to burn her alive.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the statement of the victim was recorded under Section 164 of the Cr.P.C. in which she has not supported the case of the prosecution.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Sub Divisional Judicial Magistrate, Katihar in connection with Katihar Mahila P.S. Case No. 03 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.64029 of 2023(4) dt.29-02-2024 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T