Chhotu Sah @ Amit Sah @ Amit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64152 of 2022 Arising Out of PS. Case No.-8 Year-2020 Thana- MAHILA P.S. District- Araria ====================================================== CHHOTU SAH @ AMIT SAH @ AMIT Son of Late Ramji Sah Resident of village - Jogbani Mohalla - Indra Nagar Ward No.- 10, P.S.- Jogbani, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abdul Wadood For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 376, 506 of the Indian Penal Code.

As per prosecution case, informant alleged that petitioner taking advantage of her alone living forcibly made physical relationship, whenever she objected, he threatened her to kill and made physical relationship several times. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. It is further submitted that the victim has not complaint just after the

Patna High Court CR. MISC. No.64152 of 2022(2) dt.21-02-2023 2/2 commission of offence rather the FIR has been lodged after delay of 11 months from the time of occurrence. The victim is a wedded and matured mind lady and she also did not inform to her husband in respect of this offence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 27.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Araria P.S. Case No. 08 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria. (Sunil Kumar Panwar, J) Aman/Manish/- U T