Ranjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30795 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -MANSAHI District- KATIHAR ====================================================== Ranjeet Paswan, Son of Satay Narain Paswan, Resident of Mansahi, P.S.- Mansahi, District- Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Musowir, Adv. For the Opposite Party/s : Mr. H.A. Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Mansahi P.S. Case No. 12 of 2014 registered for the offences punishable under Sections 341, 376, 506, 494, 120(B)/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, the petitioner committed rape upon the informant, Sitara Khatoon, who was working in the school and agreed to marry with her and further the petitioner kept her as his wife and one son has also been born but the petitioner arranged marriage with another lady and ousted her from the house causing threats.

Submission is of false implication and that the informant was married with Md. Kasid @ Kasim and in the year 2000, the informant filed Complaint Case No. 1908 of 2000 against her husband and other family members under Section 498A of the

Patna High Court Cr.Misc. No.30795 of 2014 (3) dt.30-01-2015 Indian Penal Code and 3/4 of the Dowry Prohibition Act and as such, the entire allegation is false. The informant is easy virtue lady and solemnized three marriages earlier. To malign the reputation of the petitioner, she has lodged this false case. Copy of Compliant Case No. 1908 of 2000 filed by Sitara Khatoon and the order passed in that Complaint Case have been filed. The petitioner has also filed Complaint Case No. 335 of 2014. To save the skin, the informant filed this false case. There is no medical report, to which the learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that the informant has filed earlier Complaint Case No. 1908 of 2000 against her husband Md. Kasid @ Kasim and other relatives and as such, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Mansahi P.S. Case No. 12 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T