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Patna High CourtCR. MISC./28/2023allowed

Birbal Ram v. The State Of Bihar

2023-06-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28 of 2023 Arising Out of PS. Case No.-226 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Birbal Ram S/O Khedar Ram R/O Village- Bhanachak Ward No 14, P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 511, 506, 34 of the Indian Penal Code. It is alleged against the petitioner and others that they entered into the house of the informant, outraged her modesty and made an attempt to ravish her.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.28 of 2023(3) dt.27-06-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner and the specific accusation of making an attempt to commit rape is against Subodh Kumar. Moreover, good sense has prevailed between the parties and both sides have compromised the matter. The compromise petition is annexed as Annexure-2 to the petition. The petitioner is languishing in custody since 20.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.28 of 2023(3) dt.27-06-2023 3/3 Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 226 of 2020.

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