Patna High CourtCR. MISC./2182/2020bail granted

Raj Paswan v. The State Of Bihar

2020-02-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2182 of 2020 Arising Out of PS. Case No.-16 Year-2019 Thana- PANDARAK District- Patna ====================================================== RAJ PASWAN, Son of Late Ram Pravesh Paswan, Resident of Village - Sarhan, Police Station - Pandarak, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 448, 376, 379, 34 of the Indian Penal Code. Allegation against the petitioner is of trying to commit rape to the informant.

Learned counsel for the petitioner submits that the incident has taken place on 25.11.2018, but the FIR has been lodged on 28.02.2019 without any explanation of delay. Both are close door neighbours and due to previous enmity the petitioner has been made accused in this case. In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or

Patna High Court CR. MISC. No. 2182 of 2020(2) dt.27-02-2020 2/2 surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate1st Class, Barh, Patna, in connection with Pandarak P.S. Case No. 16 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) amitkumar/- U T