Patna High CourtCR. MISC./5138/2024bail granted

Vinit Kumar v. The State Of Bihar

2024-07-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5138 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- AIRPORT District- Patna ====================================================== Vinit Kumar, Son Of Prabhu Narayan Gupta, Resident Of MohallaKorathbari, Madhubani, P.S.- K. Hat. District- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hawai Adda P.S. Case No. 183 of 2023 dated 23.09.2023 registered for the offences punishable under Section 376 of the Indian Penal Code.

3. As per the prosecution case, the informant alleged that on 23.09.2023 the petitioner called her to the Kori Hotel in front of Pillar No. 39 in Raja Bazar, where he committed rape with her forcefully and threatened to kill her and get the photo viral.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He

Patna High Court CR. MISC. No.5138 of 2024(5) dt.03-07-2024 2/2 has falsely been implicated in this case. The victim/informant is a matured lady. From perusal of case diary, it appears that the victim gave contradictory statement u/s 161 and 164 of the Cr.P.C. which creates doubt on authenticity of the prosecution. The medical report does not support the allegation made against petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is languishing in judicial custody since 24.09.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Hawai Adda P.S. Case No. 183 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) lata/- U T