Deepak Bharti @ Soharai Bharti @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85045 of 2023 Arising Out of PS. Case No.-814 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Deepak Bharti @ Soharai Bharti @ Deepak Kumar Son Of Krishna Bharti @ Chhakkan Resident Of Pasi Math (BIRAN Chak Math), Post - Fardidpur, P.S. - Janipur (PHULWARI Sharif), District - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 376, 511, 379, 457, 504, 506 of the Indian Penal Code.

As per allegation in the FIR, petitioner entered into the house of informant and by showing pistol he tried to commit rape with her but informant fled away. It is further alleged that petitioner snatched her mangal

Patna High Court CR. MISC. No.85045 of 2023(2) dt.09-01-2024 2/3 sutra and chain.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no eye witness of the alleged offence. It is further submitted that informant is an old lady aged about 60 years and she is a quarrelsome lady. On the alleged date small fight occurred between the children of both parties and due to that she lodged the present case with false and fabricated allegations. As per medical report, there is no any mark of injury over the body of informant. Moreover, the petitioner is languishing in judicial custody since 07.06.2023.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.85045 of 2023(2) dt.09-01-2024 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Phulwari Sharif P.S. Case No. 814 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XIV, Patna.

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