Patna High CourtCR. MISC./77318/2024bail granted

Jitendra Kumar v. The State Of Bihar

2024-11-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 77318 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- MALI District- Aurangabad ====================================================== Jitendra Kumar Son of Sri Aashnarayan Ram Resident of Village - Mirzapur, P.S. - Mali, District - Aurangabad ... ... Petitioner/s

Versus

The State of Bihar 2.

Rubi Kumari Wife of Sashi Ranjan Kumar Resident of Village and Post - Mirzapur, P.S. - Mali, District - Aurangabad, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalbahadur Singh, Advocate For the State :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2024 Learned counsel for the petitioner will remove the defects during the course of the day.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Mali P.S. Case No. 22 of 2024 registered for the offence punishable under Sections 366, 376D, 384, 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and coaccused Jitendar forcibly took away the victim to the house of the petitioner thereafter, they took her to Aurangabad where she was raped by the petitioner.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No. 77318 of 2024(2) dt.29-11-2024 2/2 petitioner is in custody since 07.08.2024. From reading of the FIR, It appears that the alleged victim is a grown up lady and she alleges that the petitioner and co-accused had taken her to different places and where she was raped. It appears to be the case of consensual sex.

6. Considering the facts and circumstance of the case, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, Bihar in Mali P.S. Case No. 22 of 2024.

(Sandeep Kumar, J) P. Kumar U T