Ankit Bin @ Ankit Bind @ Amit Bin @ Amit Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72535 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== Ankit Bin @ Ankit Bind @ Amit Bin @ Amit Bind S/O Awadhesh Bind @ Avdhesh Vin Village Kalyanpur, Ps- Bihiya, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376(D)/34 of the Indian Penal Code and Sections 67/67(A) of the I.T. Act.

It is a case of commission of gang-rape against the informant by all the F.I.R named accused persons and three unknown persons. It is alleged against the petitioner/Ankit Bin that he had made video of the wrong doing act.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.72535 of 2023(3) dt.11-12-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. For the alleged occurrence of 13.01.2023, the F.I.R was registered on 15.01.2023 without explaining the delay. The victim is a married woman aged above 19 years having a child aged about 3 years. The medical report of the victim which has been annexed as Annexure-2 to the petition does not suggest any recent sexual assault upon the victim. The victim is a woman of questionable charracter and this fact came in light that she had earlier solemnized marriage with one Bablu Chaurasiya and thereafter without giving divorce, she solemnized second marriage with another person Brij Mohan Chaurasiya. The petitioner is languishing in custody since 22.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of

Patna High Court CR. MISC. No.72535 of 2023(3) dt.11-12-2023 3/3 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 Sessions Judge-X, Bhojpur at Ara in connection with Ara Mahila P.S. Case No. 02 of 2023 (Sessions Trial No. 152 of 2023).

(Sunil Kumar Panwar, J) Shageer/- U T