Patna High CourtCR. MISC./3205/2019bail granted

Suraj Paswan v. The State Of Bihar

2019-03-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3205 of 2019 Arising Out of PS. Case No.-133 Year-2017 Thana- RAHIKA District- Madhubani ====================================================== Suraj Paswan, S/o Ganesh Paswan, Resident of Village- Mithouli, P.S.- Rahika, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Rahika P.S. Case No. 133 of 2017, instituted for the offences under Sections 363, 363(A), 364, 366(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that the occurrence is said to have taken place on 22.07.2017.The complaint has been lodged on 23.09.2017.

Learned counsel for the petitioner further submits that victim has returned on 10.08.2018 and gave her statement under Section 164 Cr.P.C. on 13.08.2018. She has stated in her statement that this petitioner has enticed her and took her to Nepal and established physical relationship with her. From perusal of statement of victim girl under Section

Patna High Court CR. MISC. No.3205 of 2019(4) dt.28-03-2019 2/2 164 Cr.P.C., it appears that the victim remained with petitioner for about one year. She denied to appear for medical examination. In support of such statement, document has been enclosed as Annexure - 3 to this petition.

The court below has assessed her age as 18 years. In aforesaid facts and circumstance, the prayer for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Class, Madhubani, in connection with Rahika P.S. Case No. 133 of 2017. Both the bailors will be close relative of petitioner.

(Sanjay Priya, J) khushbu/- U T