Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77757 of 2023 Arising Out of PS. Case No.-349 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== SUBODH KUMAR son of Sikindar Mahto Village- Laxmipur Ps- Sugauli Dist- E.Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 420 and 376/34 of the Indian Penal Code.
3. The allegation against the petitioner along with others is of committing rape with the informant at the instance of solemnization of marriage.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim is a major girl. He further submitted that there is consensual relationship between both the parties. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is
Patna High Court CR. MISC. No.77757 of 2023(2) dt.05-12-2023 2/2 languishing in judicial custody since 12.08.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Chief Judicial Magistrate, East Champaran in connection with Sugauli P.S. Case No. 349 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T