Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73252 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== RAJESH KUMAR Son of Arbind Kumar Gupta Resident of Sheesha Mill, Fatuha Bypass Road, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rupa Kumari D/O Ramashis Prasad Resident of- Behind College of Commerce Kanakarbagh, P.S.- Patrakar Nagar, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Rajeev, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 506 of the Indian Penal Code.

Allegedly, petitioner is said to have established sexual relation with the informant on the behest of marriage. He also took nude photos and started threatening the informant to leak these photographs on social media.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner had given loan of amount

Patna High Court CR. MISC. No.73252 of 2022(2) dt.23-03-2023 2/2 Rs. 50,000/- to the father of the informant and when he asked the informant for returning the amount, the informant along with his father started threatening the petitioner to implicate him in a false case. Learned counsel for the petitioner relies on the judgment of the Apex Court in the case of Deepak Gulati Vs. State of Haryana, 2013 (7) SCC 675. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case as well as the judgment of the Apex Court, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mahila P.S. Case No. 114 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.