Sonu Kumar @ Tinku Kumar @ Sonu Kumar Ram @ Tinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65385 of 2023 Arising Out of PS. Case No.-136 Year-2013 Thana- DEWARIA District- Muzaffarpur ====================================================== Sonu Kumar @ Tinku Kumar @ Sonu Kumar Ram @ Tinku Son Of Bhagaynarayan Ram @ Ram Bhajan Ram @ Ravi Bhagan Ram Village Deoriya Ps Deoriya District Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Asharfi Ram Son Of Late Prasad Ram Village- Deoriya, Ps- Deoriya, DistMuzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 376 and 511 of the Indian Penal Code.

3. It is a case of attempt to commit rape upon the granddaughter of the informant by the petitioner while she had gone to cut the grass in the field .

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity. It is further submitted that as per version of the informant, the allegation against the petitioner was an attempt to commit rape

Patna High Court CR. MISC. No.65385 of 2023(3) dt.02-01-2024 2/2 upon the victim not to commit rape upon her. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner has surrendered on 07.07.2023 and since then he is languishing in judicial custody.

5. The application for bail is opposed by learned APP for the State and submitted that due to not surrendering the petitioner before the trial court the case is pending since 2013. The petitioner has not cooperating in the trial of the said case which is a glaring mistake.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Session Judgecum- Special Judge, POCSO, Court No. 3, Muzaffarpur in connection with Deoriya P.S. Case No. 136 of 2013. (Sunil Kumar Panwar, J) lata/- U T