Ranjan Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88166 of 2024 Arising Out of PS. Case No.-309 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Ranjan Kumar @ Chhotu Son of Ramudgar Mahto @ Ram Udgar Singh Resident of village - Belsandi Tara, Ward No.- 14, P.S.- Bibhutipur, District - Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mukesh Kumar Singh S/o- Sita Ram Singh R/o- Village- Belsandi Tara, Ward No. 14, P.S.- Bibhutipur, District- Samastipur, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Sinha, Advocate For the Opposite Party/s :

Mr. Sunil Pandey, APP For the Informant :

Mr. Sunil Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 137(2), 87, 3(5) of Bhartiya Nyay Sanhita, 2023.

3. The case of the prosecution is that the wife of the informant, namely, Ranju Devi was being abducted by the petitioner and raped.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.88166 of 2024(3) dt.17-02-2025 2/3 connection with the present case. It has further been submitted that the petitioner and the informant are agnate and that Mukesh Kumar (informant) had taken some cash from the petitioner for which petitioner always used to visit the informant's house because of that a scuffle took place between the parties and petitioner has been implicated in this case. Further submission is that a 'Panchayti' was also held for returnign the money but the same resulted futile. Moreover, the petitioner is languishing in judicial custody since 21.09.2024 having no criminal antecedent.

5. Learned APP appearing for the State has opposed the prayer of regular bail stating that during the course of investigation, victim has been recovered and her statement was recorded under Section 183 of the BNS in which she has stated that she was being abducted by the petitioner. She has further stated that she was being raped by the petitioner. However, on going through the medical report, it appears that there is no recent sexual intercourse.

6. Considering the aforesaid 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 Bibhutipur P.S. Case No. 309 of 2024

Patna High Court CR. MISC. No.88166 of 2024(3) dt.17-02-2025 3/3 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learnedSub Divisional Judicial Magistrate, Rosera, Samastipur/concerned Court.

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