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Patna High CourtCR. MISC./72222/2023allowed

Raja Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72222 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Raja Kumar Son Of Vinod Thakur Village -BISHANPUR Dutt Ward No. 23, Ps- Banmankhi, District -PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 504, 376 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he established physical relation with the victim (informant) on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. The relationship between both of them is consensual as the victim is matured and major lady aged about 21 years. A statement has been made in para-3 of this petition that the petitioner has got no

Patna High Court CR. MISC. No.72222 of 2023(2) dt.08-11-2023 2/2 criminal antecedent. Moreover, he is languishing in judicial custody since 03.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banmankhi P.S. Case No. 262 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea. (Sunil Kumar Panwar, J) Shubham/- U T