Ranjeet Paswan @ Sandeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3729 of 2015 Arising Out of P.S. Case No. -85 Year- 2014 Thana - BOCHHA District- MUZAFFARPUR ====================================================== Ranjeet Paswan @ Sandeep Paswan, son of Batahu Paswan, resident of Village Chak Abdul Rahman, P.S. - Bochahan, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2015 Heard both sides.

The petitioner seeks regular bail in Bochahan P.S. Case No. 85/14 registered under Section 376 and other sections of the Indian Penal Code and Section 4 of the Protection of Children against Sexual Offence Act.

The victim alleged that in the night of 09.12.2013, Sunil Mahto and the petitioner Ranjeet Paswan entered into her house and Sunil Mahto committed rape with her. The informant did not disclose this fact to her parents out of fear, but again on 24.03.2014 Sunil Mahto entered into her house and tried to take her outside of the house, but on alarm, her parents woke up. She further alleged that she is pregnant on account of rape by Sunil Mahto.

Learned counsel for the petitioner submits that there

Patna High Court Cr.Misc. No.3729 of 2015 (2) dt.29-01-2015 2/2 is no allegation of rape against the petitioner. The informant did not lodge the case after the first incident on 09.12.2013. It appears that the informant had fallen in love with Sunil Mahto and when she became pregnant, she lodged this case.

Learned A.P.P., however, opposed the prayer for bail.

It appears from perusal of the records that the first occurrence is said to have been taken on 09.12.2013 and the informant made allegation against Sunil Mahto that he committed rape with her and the petitioner was accompanying Sunil Mahto, but the informant did not lodge a case. She lodged the case only on 27.3.2014 when Sunil Mahto again entered into her house and she was pregnant.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge, POCSO Act, Muzaffarpur in Bochahan P.S. Case No. 85 of 2014. (Prabhat Kumar Jha, J) Dilip/- U T