Sumit Kumar Soni @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77084 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== SUMIT KUMAR SONI @ SUMIT KUMAR S/o Mr. Om Prakash @ Om Prakash Prasad Soni R/o - Macchargama, P.S. - Yogapatti, Dist - West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 341, 323, 406, 420, 376, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the petitioner had taken Rs. 10,00,000/- from the informant to get job in the police department but the petitioner neither provided job nor returned her money. After that on pretext of marriage, petitioner had established physical relation with the informant but later on he denied to solemnize marriage.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.77084 of 2023(3) dt.06-02-2024 2/3 committed no offence. He has been falsely implicated in this case. The victim is a matured lady aged about 20 years. There is no evidence against the petitioner in respect of receiving the money. According the prosecution case, the victim has a consensual relationship with petitioner at the instance of getting job. It is further submitted in para 12 of the petition that as per F.I.R. allegation levelled against the petitioner is that for the purpose of getting job in police department the informant allegedly gave Rs. 10 lacs to the petitioner and this allegation will not constitute any offence under the Indian Penal Code because giving money for procuring a job illegally is itself an illegal act. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 05.09.2023.

5. The application for bail is opposed by learned APP for the State.

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

Patna High Court CR. MISC. No.77084 of 2023(3) dt.06-02-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Yogapatti (Sanichari) P.S. Case No. 135 of 2023.

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