Bijesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62396 of 2022 Arising Out of PS. Case No.-440 Year-2022 Thana- MASHRAK District- Saran ====================================================== BIJESH SINGH Son of Vikrama Singh R/v- Bansohi, P.S.- Mashrakh, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 376, 506 and 34 of the IPC. As per the F.I.R., one Raju Singh committed rape upon the informant and the same was video graphed by the petitioner and thereafter both of them raped her. It is alleged that by giving threat to leak the video, she was exploited for two years. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that there is an admitted land dispute between the parties and petitioner is a witness in Complaint

Patna High Court CR. MISC. No.62396 of 2022(3) dt.13-03-2023 2/2 Case bearing C. No.2041 of 2021 which has been instituted against the husband of the informant, therefore, petitioner has been falsely implicated in this case. A supplementary affidavit has been filed by learned counsel for the petitioner, in which he stated that police after investigation, filed charge sheet u/s 341, 323, 354(B)/506 of the IPC and section 376 IPC was not added. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering that charge sheet has not been submitted u/s 376 of the IPC, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mashrakh P.S. Case No.440 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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