The Single Judge allowed the regular bail application of the petitioner charged under Sections 341, 323, 447, and 376 IPC. The court recorded the submission of the victim regarding a consensual relationship before granting bail.
Petitioner enlarged on bail by executing a bond of Rs. 10,000/- with two sureties of similar amounts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3888 of 2023
Arising Out of PS. Case No.-317 Year-2022 Thana- KALYANPUR District- Samastipur
======================================================
PRIYANSHU KUMAR S/O RAJ KUMAR ROY @ RAJU RAI Resident of Village- Kalyanpur, P.S.- Kalyanpur, District- Samastipur.
... ... Petitioner/s
| The State of Bihar =================== |
Versus ... ... Opposite Party =================================== |
|---|---|
| Appearance : For the Petitioner/s : |
Mr.Dharmesh Kumar Shrivastava |
| For the Opposite Party/s : =================== |
Mr.Kumar Veerendra Narayan =================================== |
The State of Bihar ... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
The instant application for regular bail has been filed
by the petitioner registered for the offence punishable under Sections 341, 323, 447, 376 of the Indian Penal Code.
As per allegation in the FIR, petitioner entered into the room of the informant at about 3:00 am and committed rape upon her. On hulla being raised, her brother came there and caught hold the petitioner and handed him over to the police.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Statement of the victim girl was recorded u/s 164 Cr.P.C. wherein she has clearly stated that due to pressure by her family members and brother, she had lodged this false case against the petitioner. She also stated that she was in love with
Patna High Court CR. MISC. No.3888 of 2023(3) dt.05-07-2023 2/2
the petitioner and both were in talking term for the last two years. She has disclosed that she had established physical relationship with her own consent. There is consensual relation between the petitioner and the informant. Petitioner has not applied any force upon the informant. Petitioner is languishing in judicial custody since 11.10.2022 .
Learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail and submitted that victim has supported the prosecution case in her statement recorded u/s 161 Cr.P.C.
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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur in connection with Kalyanpur P.S. Case No. 317 of 2022.
(Sunil Kumar Panwar, J)
sushma/- U
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case alleging rape and assault under Section 376 IPC read with other sections.
1 provisions across 1 enactments
Priyanshu Kumar
State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
