Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58805 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Suraj Kumar Son of Subodh Kumar @ Subodh Singh resident of Bhagwatia, P.S. - Kesariya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh For the Opposite Party/s :
Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Kesariya P.S. Case No.131 of 2018 registered for the offences punishable under Section 376, 34 of the Indian Penal Code.
Allegation against petitioner is of kidnapping and committing rape with the informant.
It has been submitted that petitioner is innocent and has not committed any offence as alleged and entire prosecution story is false and concocted. The date of occurrence is of 03.05.2018 but the F.I.R. was lodged on 09.05.2018 after delay of five days. The age of girl has been assessed as 21 years by medical team and no spermatozoa or sign of rape has
Patna High Court Cr.Misc. No.58805 of 2018(3) dt.31-10-2018 2/2 been found. Informant has admitted that she had love affair and physical relation with petitioner for last 2 years and was found pregnant as such allegation of kidnapping and rape is false and imaginary.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,-11, East Champaran, in connection with Kesariya P.S. Case No. 131 of 2018.
(S. Kumar, J) Rajiv/Manoj U T