Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68393 of 2023 Arising Out of PS. Case No.-663 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

RAHUL KUMAR S/O RAJENDRA MANDAL R/O VILLAGE- AT PRESENT NAYA NAGAR KAPSIYA BACK OF ALKA SINEMA WARD NO. 13.

2.

RAJENDRA MANDAL S/O LATE RAMCHANDRA MANDAL R/O VILLAGE- AT PRESENT NAYA NAGAR KAPSIYA BACK OF ALKA SINEMA WARD NO. 13.

3.

SUJEET KUMAR @ SUJIT KUMAR S/O LATE PUNAM CHANDHARI R/O VILLAGE- BISHNUPUR CHAUDHARI MOHALL CHANDARI, P.STOWN BEGUSARAI, DISTT.- BEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 376, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, the petitioners along with other co-accused persons took the informant and her two children at their relative's house, where the co-accused Abhijeet Kumar forcibly established physical relation with her.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.68393 of 2023(3) dt.29-01-2024 2/3 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. The specific allegation is against the coaccused namely, Abhijeet Kumar. He further submits that similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 13.07.2023 passed in Cr. Misc. No.29741 of 2023. Petitioner no.3 has one criminal antecedent and petitioner nos.1 and 2 have no criminal antecedent, which is also mentioned in para-3 of the bail application.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.68393 of 2023(3) dt.29-01-2024 3/3 connection with Begusarai Town P.S. Case No.663 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T