Jibro Uddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82154 of 2024 Arising Out of PS. Case No.-215 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Jibro Uddin S/o Jamal Uddin @ Md Jamal R/o vill - Temtha, P.S.- Parbatta, Distt.- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shanti Devi W/o Late Lalkun Paswan R/o Vill - Temtha Karari, P.S.- Parbatta, Distt.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Informant/s :

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

Ms. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner; learned counsel for the Informant, Mr. Kumar Samarjeet Singh and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 323, 504, 506, 376(D) of the Indian Penal Code.

3. The case of the prosecution is that the petitioner along with others have committed rape with the informant. Regarding rape, the informant has given two dates i.e., 31.05.2024 and 29.05.2024. The name of this petitioner finds place on the occurrence of 29.05.2024.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. During course of investigation, the victim has given

Patna High Court CR. MISC. No.82154 of 2024(4) dt.17-02-2025 2/2 her statement under Section 164 of the Cr.P.C., wherein she has stated that Vishun Dev Paswan has committed rape with her. It is also submitted that the informant has filed compromise petition in the trial court. It is further submitted that the petitioner is languishing in judicial custody since 02.06.2024.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parbatta P.S. Case No. 215 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Khagaria.

(Ashok Kumar Pandey, J) Sudhanshu/- U T