Sipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86093 of 2023 Arising Out of PS. Case No.-94 Year-2019 Thana- HISUWA District- Nawada ====================================================== Sipu Kumar SON OF Sadan Singh Resident Of Village- Ghosrawan, PsPawapuri, Distt- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hansraj Hansraj, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Hisua P.S. Case No.94 of 2019, registered for the offences punishable under Sections 147, 148, 149, 323, 325, 353, 307, 332, 333 of the Indian Penal Code & 27 of Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons kidnapped the minor girls and they raped them and when police went to arrest the accused persons, they assaulted on the police party.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. For the accusation of committing rape to the victims, a separate case being Atri P.S. Case No. 90 of 2019 was registered
Patna High Court CR. MISC. No.86093 of 2023(2) dt.16-01-2024 2/2 against the accused persons and after investigation the police submitted final form with a finding that the allegation as levelled in the FIR is not true. Similarly situated other coaccused persons namely Subodh Kumar, Newtan Singh, Arpit Kumar and Gulsan Kumar have been granted bail by the coordinate bench of this Court vide order dated 11.01.2024 in Cr. Misc. No. 85366 of 2023. The petitioner is in jail custody since 13.10.2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No.94 of 2019.
(Sunil Dutta Mishra, J) ravikr/- U T