Bablu Paswan @ Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3913 of 2019 Arising Out of PS. Case No.-254 Year-2016 Thana- RAJNAGAR District- Madhubani ====================================================== Bablu Paswan @ Bablu Kumar, aged about 32 years, Gender-Male, Son of Rajdeo Paswan, resident of village-Chunabhathi, P.S-L.N.M. University, Distt.-Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Alok Kumar Alok, Advocate.

For the Opposite Party :

Mr.Satyavrat Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 376, 504 and 506 of the IPC in which cognizance has also been taken by the learned court below.

The prosecution story, in brief, is that the petitioner committed rape with the informant for three years continuously on the false pretext of marriage and on being asked for marriage, the petitioner started evading the same. Thereafter, the informant went at his house and attempted to talk with his family members but she was assaulted and forced to leave the house.

Patna High Court Cr.Misc. No.3913 of 2019(2) dt.29-01-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. On the earlier occasion also, the informant had instituted a case being University P.S. Case No. 220 of 2015 against the petitioner for similar offence in which the petitioner has already been granted anticipatory bail. This is second case which has been instituted by the informant of the present case. It is alleged by the informant that on pretext of performing marriage with her, petitioner had established physical relationship. After investigation, the police has submitted final form as the case has been found to be false but the learned court below has differed with the said final form and taken cognizance against the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the

Patna High Court Cr.Misc. No.3913 of 2019(2) dt.29-01-2019 3/3 like amount each to the satisfaction of the learned J.M.Ist Class, Madhubani, in connection with Rajnagar P.S. Case No. 254 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T