Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76706 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== GAURAV KUMAR Son of Arjun Yadav R/o vill - Kabaiya, back side of Petrol Pump, P.S. - Kabaiya, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakhisarai Mahila P.S. Case No. 47 of 2023 registered for the offence under Section 376 of the Indian Penal Code. 3.

As per the prosecution case, the petitioner has committed rape upon the victim.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and from the Statement made under Section 164 of the Cr.P.C. it appears that it is dispute for payment of money for having sex.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 11.06.2023.

Patna High Court CR. MISC. No.76706 of 2023(3) dt.10-01-2024 2/2

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts and the period of custody, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Lakhisarai in connection with Lakhisarai Mahila P.S. Case No. 47 of 2023.

(Sandeep Kumar, J) Vikas/- U T