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Patna High CourtCR. MISC./63332/2022allowed

Satish Kumar v. The State Of Bihar

2023-02-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63332 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- MAHILA P.S. District- Siwan ====================================================== Satish Kumar S/O Surendra Prasad R/O Village- Ganagpur, P.S.- Siswan, Distt- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilanjan Chatterjee For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 342, 323, 376, 504, 34 of the Indian Penal Code.

It is a case of commission of rape by the petitioner upon the daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is own brother-in-law(Dewar) of the victim and he has been

Patna High Court CR. MISC. No.63332 of 2022(2) dt.21-02-2023 2/2 implicated in this case since there was a dispute with regard to the ownership of the shop between the petitioner and the husband of the victim. The medical report also does not show any sign of rape upon the victim. The petitioner is languishing in custody since 04.08.2022.

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 Sub-Divisional Judicial Magistrate, Siwan in connection with Siwan Mahila P.S. Case No. 34 of 2022.

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