Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81629 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Sujeet Kumar S/O Raj Kumar Chaudhary Village- Korai, Ps. Deepnagar, Dist. Nalanda.

... ... Petitioner

Versus

The State Of Bihar .. ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Sangeeta Sharma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420 and 376 of the Indian Penal Code.

3. As per the prosecution case, petitioner took Rs.3.35 lacs from the informant on the pretext of providing her job. He also committed rape on her.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. F.I.R. has been lodged after inordinate delay of six months without any explanation which renders the entire prosecution case doubtful. Petitioner never made any sexual relation with the informant rather she has lodged this false case only with a view to extort money from him. Petitioner is friend of husband of informant and had taken friendship loan of Rs.38,530/- from the petitioner for which hot talk took lace between them.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner,

Patna High Court CR. MISC. No.81629 of 2023(5) dt.16-04-2024 2/2 mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Laheri Police Station Case No. 280 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T