Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72636 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHILA P.S. District- Lakhisarai ====================================================== 1.

ROHIT KUMAR Son of Bharat Das @ Bharat Modi Resident of Village - Ambedkar Nagar, Santar Mohalla Ward No.13, P.S.- Lakhisarai, Distt.- Lakhisarai.

2.

Rahul Kumar Son of Bhart Das @ Bharat Modi Resident of Village - Ambedkar Nagar, Santar Mohalla Ward No.13, P.S.- Lakhisarai, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 376, 420, 341, 323, 325, 504 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that on the pretext of marriage, the accused persons sexually exploited the informant since last three years.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The main allegation of commission of rape is

Patna High Court CR. MISC. No.72636 of 2019(2) dt.16-11-2019 2/2 alleged against the co-accused Somen Kumar. The petitioners happen to be the brother-in-law of Somen Kumar and hence they have been made accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai in connection with Mahila P.S. Case No. 23/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T