Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75148 of 2023 Arising Out of PS. Case No.-335 Year-2023 Thana- RAJIVNAGAR District- Patna ====================================================== Alok Kumar S/O Late Sunil Kumar Choudhary Resident Of 501, R.K.M. Regency Ramnagari, Sector 3, Ps. Rajeev Nagar Ashiana Nagar, Patna-25 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 406, 420, 376, 506/34 of the Indian Penal Code.

Allegation against the petitioner is that on the pretext of marriage, he sexually abused the informant. It is further alleged that petitioner took Rs. 14 lakhs from informant's mother out of which he only returned Rs. 4 lakhs. Petitioner had also taken jewelry worth Rs. 6-7

Patna High Court CR. MISC. No.75148 of 2023(3) dt.10-01-2024 2/3 lakhs from the informant when the victim and informant's brother were in hospital for treatment of Dengue.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties. It is further submitted that with a view to extort money from the petitioner the present case has been lodged with false and concocted allegations. The case seems to be consensual between petitioner and victim. Moreover, the petitioner is languishing in judicial custody since 09.07.2023.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.75148 of 2023(3) dt.10-01-2024 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajeev Nagar P.S. Case No. 335 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge, POCSO, Patna.

(Sunil Kumar Panwar, J) Nirajkrs/- U T