Patna High CourtCR. MISC./72449/2019bail granted

Nunulal Soren v. The State Of Bihar

2020-03-05Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72449 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- MAHILA P.S. District- Banka ====================================================== Nunulal Soren, male, aged about 45 years, S/o Chatur Soren, Resident of Village- Dunva, P.S.- Jaypur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhakar Kumar, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2020 The petitioner, who is in custody since 03.05.2019, seeks bail in connection with Mahila (Belhar) P.S. Case No. 17 of 2019, dated 03.05.2019, instituted for the offences under Sections 376, 341 and 323/34 of the Indian Penal Code.

A peculiar story has been narrated in the First Information Report alleging that under the pretext of treating the prosecutrix, the petitioner raped her. She does

Patna High Court CR. MISC. No.72449 of 2019(3) dt.05-03-2020 2/3 not stop at that and has stated that earlier, because of such incident, the husband of the prosecutrix had assaulted the petitioner. The petitioner in retaliation himself burnt his cow-shed and blamed the husband of the prosecutrix as the person who had set the house on fire. In the Panchayati, the prosecutrix and her husband were find Rs. 1,00,000/- and till date, only Rs. 50,000/- has been paid. The prosecutrix has further stated that she is being pestered for rest of the amount of fine.

Learned counsel for the petitioner has submitted that the prosecutrix has herself stated the reason for false implication of the petitioner.

Considering the entire set of facts in a holistic manner, this Court is inclined to grant bail to the petitioner. Regard being had to the nature of accusation against the petitioner, surrounding circumstances and the period of custody of the petitioner, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl.

Patna High Court CR. MISC. No.72449 of 2019(3) dt.05-03-2020 3/3 District Judge-Ist, Banka in connection with Mahila (Belhar) P.S. Case No. 17 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T