Ram Janki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70158 of 2023 Arising Out of PS. Case No.-448 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== Ram Janki Kumar Son Of Rampratap Ray Resident Of Village - Bhitha, Police Station - Pupri, District - Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 341, 323, 354(B), 376/511 of the Indian Penal Code, Section 4 of the POCSO Act and Section 27 of the Arms Act. As per allegation in the FIR, on 13.11.2022, petitioner with other co-accused entered into the house of the informant and on pistol point tried to outrage her modesty. On alarm being raised by the victim girl, her mother and nearby people gathered there,accused persons fled away. It is further alleged that earlier petitioner had also committed rape for which a case was lodged against the petitioner and others and frequently the accused persons are putting pressure upon the informant to compromise.

Patna High Court CR. MISC. No.70158 of 2023(2) dt.06-11-2023 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Informant of this case denied her medical examination. Informant and her mother with malafide intention to extort money, lodged a false case against the petitioner. She has not made specific allegation of rape against the petitioner as per FIR. Petitioner is languishing in judicial custody since 26.6.2023.

Learned APP appearing for the State has opposed the prayer of 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 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 Additional Sessions Judge 6th cum-Special Judge (POCSO) Sitamarhi in connection with Pupri P.S. Case No. 448 of 2022. (Sunil Kumar Panwar, J) sushma/- U