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Patna High CourtCR. MISC./64374/2022allowed

Raju Singh v. The State Of Bihar

2023-02-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64374 of 2022 Arising Out of PS. Case No.-440 Year-2022 Thana- MASHRAK District- Saran ====================================================== Raju Singh S/O Paspati Singh @ Pashupati Singh Resident Of VillageBansohi, P.S.- Mashrakh, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Mashrakh P.S. Case No. 440 of 2022 registered under sections 420, 376, 506 and 34 of the Indian Penal Code.

Prosecution case in short is that the informant was working in the house of the petitioner with his husband as labours, when the family members of the petitioner had gone outside, in the meantime, petitioner along with one accused person committed rape and co-accused made a video and threatened her to leak the same.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a

Patna High Court CR. MISC. No.64374 of 2022(2) dt.24-02-2023 2/2 dispute between the informant's husband and the the petitioner with regard to money, due to which he has falsely been implicated in this case. It is further submitted that the alleged offence took place in the year of 2019 but she has lodged the case against the petitioner after three years in 2022. The victim is a married and matured mind woman. A statement has been made in para-3 of this petition that he has got no criminal antecedent. He is languishing in judicial custody since 11.09.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mashrakh P.S. Case No. 440 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st, Class, Saran at Chapra.

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