[" Bail Applicationon behalf of eitioner in the preent
case.
(PEONER IN IN JAL)
IN THE HIGHOOURT OF JUDICATVRE ATATNA
(CRIMINAL MISCELLANKOUS JURINDICON)
Cr. Mise. No.^of 2024 (R Bail)
BIPIN KUMAR
...EONER
VERSUS
THE STATE OF BIHAR.
s..OrOSTE ARTY.
SUBJEC:- REGULAR BAL MLATTER
INDEX
SLNo. Particulars "age No
1. An application under Sectiots 8
and 484 of the B.NSS023
2. Annexure- P| APhote typed eopy of the F, IR.
3. Annexure P2 Photo copy ot sell ageement and
deposit money reveipt.
4. Impugned onder
$. Vakalatnama
ithlreoudgh oNoA1l.406R. 2024
Uday
Is Bail Application on behalf of Petitioner in the present case.
(PETITIONER IS IN JAIL)
IN THE HIGH COURT OF JUDICATURE AT PATNA
(CRIMINAL MISCELLANEOUS JURISDICTION)
Cr. Misc. No. S60 of 2024 (R. Bail]
In thematter of an application
P . - l - 1 0
under Sections 483 and 484 of
the B. N. S. S. 2023
AND
In the matter of
BIPIN KUMAR, AGED ABOUT 25 YEARS, SON OF LATE
MUNNA SINGH RESIDENT OF VILLAGE - NARAULI
MIòACHAK, POLICE STATION - SIGORI, DISTRICT
Abgila claviAs thospsmufa85/0 D3+ Gy
PATNA. Qt ey
Petitioner
Versus
The State of Bihar. 9Rloilase-us
Wlo RavRayan,
a. Suteolai
kunoropposite Parojahe pU
To, The
PS-Hon'ble
Bunyaopoy -i^t - Geg9
Mr. Justice K. Vinod Chandran, the Chief
Justice of the Hon'ble High court of judicature at Patna and
his companion Justices of the said Hon'ble High Court
The humble petition on behalf
of Petitioner named above
).
MOST RESPECTIVELY SHEWETHc Tatn t
That this is an application for grant of
Yelaten
bail to the Petitioner
who is in custody since 19.10.2024 in
Buniyadiganj Police
Station Case no, 242/2024 dated
06.10.2024 for the offences
alleged under sections 64, 294,
79 of the B.N.S. Act
and
sections 66(E), 67, 67(A) of the
I. T. Act 2000
the basis of written registered on
information given by one Sunita
Devi WIO
Raviranjan Kumar Verma
permanent resident of village
Usari Police Station
2.
Buniyadiganj District -Gaya.
That the Petitioner has
not moved earlier
before this Hon'ble
High Court or before
Hon'ble Supreme Court of India
for grant of either
Anticipatory or regular bail in the
present matter.
It is stated that no
bail application of this
in the
petitioner is pending
present matter either before the
Hon'ble Supreme Court
of India or before
the Hon'ble High
Court or before the
learned court.
3. That except the present case the
petitioner has been involved
in following cases:
i. Mufassil Police Station Case no.
872/2024 under sections
25(1-b)a, 26 of the Arms Act.
4 That the Petitioner is in custody
since 19.10.2024.
5. That the allegation made in the First
Information Report in
brief is that one Sunita Devi W/O
Raviranjan Kumar Verma
permanent resident of village Usari Police Station
Buniyadiganj District -Gaya has given a written information
on 06.10.2024 to the concern officer in charge
alleging there in
that two years back she along with her husband used to live in
the rental house at Mastalipur. It is stated that in that very
house one Bipin Kumar also used to live on rent. It is stated
that her husband used to work as private Munsi in railway who
remained absent from thehouse for 10-12 days for livelihood.
In course of that one Bipin Kumar seeing her alone entered in
her house and on the point of pistal established physical
relation with her, prepared Video and taken obscene photo by
his mobile and there after continued to establish physical
relation with her on threat to kill her husband. She has been
married about eight years back, she is handicapped and
belongs to Mahadalit community. She is under mental
pressure. It isstated that Bipin Kumar used to give threatening
to establish physical relation. The informant stated about the
entire incident to her husband who advised her to give written
complain in the police station as such the informant given
written information about the alleged Occurrence It is stated
that on mobile said Bipin Kumar abused her stating her cast
name and also gave threatening to kill her husband.
Acertified / photo / typed copy of the
First Information Report being
Buniyadganj Police Station Case No
242/2024 dated 06.10.2024 is being
annexed herewith and marked
as
Annexure P-1 which forms part of
this bailapplication.
6. That the defence version
of this case is that the
Petitioner is
innocent and has not committed any offences as alleged in the
First Information Report. He has falsely been
involved in the
present case by the informant in connivance her
husband due
to previous money
dispute or nothing.
7. That the entire allegations
levelled against this
false,
Petitioner is
concocted and baseless and there is no even
iota of truth.
8. That on perusal of the First Information Report it clears that
the informant is a married lady aged about 35 years
and for the
0Ccurrence taken place two years
back present case has been
agnt on her written intomation on 0%.10.2024 without
yreplanation of delay.
Ihat it is stated that no oceurrence has been taken plnce as
alleged in the First Infomation Report but a false story has
been developed by the informant in connivance with her
hushand to lodge the present case with view to grab money of
the petitioner or nothing.
10. That on perusal of the First Information Report it clears that
the informant has not mentioned the date of the
first
occurence and alleged in routine manner that this petitioner
entered n her house and on the point of pistal
established
physical relation with her and there after continued to
establish
relation on hreat but the informant has neither
informed about
the alleged occurrence to the
concern police station nor
disclosed this fact to her husband and
any other person and
after expiry of several months
present case has been lodged
with false allegation or nothing.
11. That on perusal of the First Information Report it clears that
the informant and this petitioner are well known to each other
since back as such allegation to establish physical relation on
the point of pistal is neither believable nor
acceptable in the
eye of law. It is stated that the manner of
allegation about
committing rape on the point of pistal, prepare Video
and
taken obscene photo by his mobile is also
not believable. The
entire allegation leveled against this petitioner is not
possible
without consent of the
informant. This facts falsified the
prosecution version of the
informant.
12. That real
fact is that the mother of this petitioner
purchased a had
tractor from the husband of the informant on
Rs.1,50,000/ in the year 2021 about which sell agreement has
been prepared on which the mother of this
petitioner and the
husband of the informant put their signature but
later on
husband of the petitioner neither gave no dues paper
nor
became ready to transfer the said tractor on the
name of the
mother of this petitioner with a view to grab
the amount
Rs.1,50,000/= and on pressure given by
this petitioner to give
no dues paper and transfer the said tractor in the name his
mother present case has been lodged by
the informant with
false story of rape or nothing.
A photo copy of sell
agreement and deposit
money receipt in the account of
Raviranjan
Kumar Verma is annexed as
Annexure P-2
To this petition.
13. That it is stated that there is much contradiction in the written
information of the infomant and her statlement recorded under
section 183 of the B.N.S.S. and in the medical report no
evidence of recent sexual activity has come and so far
recovery of mobile of petitioner and photograph is concern it
is stated that the said photograph is regarding handing over the
key to the mother of this petitioner by the husband of the
informant or nothing.
14. That it is stated that there is no legal evidence to connect this
petitioner in the alleged occurrence except the allegation
leveled by the informant.
15. That the Petitioner's regular bail application has been rejected
vide Order date 09. 12. 2024 by the learned Additional
Sessions Judge 18" Gaya vide B. P. NO.2805/2024.
It is, therefore, prayed that
your Lordships may graciously be
pleased to enlarge the Petitioner on
bail in Buniyadiganj Police Station
Case No. 242/2024 to the
satisfaction of the learned
A.C.J.M. 8" Gaya District - Gaya
And /Or
Pass such order or
orders
your Lordships may deem fit
and proper in the facts and
circumstances of the case.
AN r this the Petitioner shall ever
pray.
