Dhrup Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76322 of 2024 Arising Out of PS. Case No.-294 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Dhrup Sah Son of Raj Kumar Sah Resident of village- Pindra , P.SUchkagaon, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-01-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Mirgang P.S. Case No. 294 of 2024, registered for the offence punishable under Sections 341, 323, 313, 376, 504, 506/34 of the Indian Penal Code.

3. As per prosecution, from the reading of the F.I.R., it appears that it is a case of consensual sex between the two consenting adults.

4. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Petitioner has one criminal antecedent in which he is acquitted. Petitioner is in judicial custody since 16.07.2024.

5. Learned APP has vehemently opposed the prayer

Patna High Court CR. MISC. No.76322 of 2024(3) dt.22-01-2025 2/2 for bail.

6. Considering the aforesaid fact, this application is allowed.

7. The aforesaid observation shall not for the purposes of consideration of bail application. They cannot be relied on the trial.

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 Chief Judicial Magistrate, Gopalganj, in connection with Mirganj P.S. Case No. 294 of 2024.

(Sandeep Kumar, J) Ranjeet/- U T