Dr. Atul Shekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67578 of 2023 Arising Out of PS. Case No.-774 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== DR. ATUL SHEKHAR son of Prakash Sahu R/o- Lohiya Nagar Ps- Lohia Nagar, W.No-28, Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diksha Kumari For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 504, 506 of the Indian Penal Code.
3. As per prosecution case, the petitioner is said to have established physical relationship with the informant/victim at the pretext of solemnization of marriage. She also alleged the petitioner tool her objectionable video threatened to viral.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 8, 9, 10 & 11 of the petition that the informant completed her MBBS from PMCH, Patna and during this period, she came
Patna High Court CR. MISC. No.67578 of 2023(3) dt.08-11-2023 2/3 in contact with the petitioner. The informant developed the story and implicated the petitioner in this case. From perusal of FIR as well as case diary, it seems both are consensual party and there is consensual relation between them. It is also submitted that the informant earlier filed a complaint case u/s 498A of I.P.C. which was withdrawn on 5.6.3034 by the informant. The informant/victim is major lady aged about, 33 years. The petitioner has got no criminal antecedent and languishing in judicial custody since 21.7.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Ahiyapur P.S. Case No. 774 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur.
(Sunil Kumar Panwar, J) Amandeep/- U T
Patna High Court CR. MISC. No.67578 of 2023(3) dt.08-11-2023 3/3