Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8757 of 2025 Arising Out of PS. Case No.-31 Year-2020 Thana- MAHILA PS District- Jehanabad ====================================================== Shankar Paswan, Son of Nagina Paswan, Resident of Village - Bulakibigha, P.S. - Karauna O.P., District - Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kanti Devi, Wife of Subodh Paswan Resident of Village - Bulakibigha, P.S. - Karauna O.P., District - Jehanabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Jehanabad Mahila P.S. Case No. 31 of 2020, registered for the offences punishable under Section 354(B) of the Indian Penal Code. 3.The allegation against the petitioner is to disrobe the informant and also made an attempt for committing rape upon her. During the occurrence, informant claimed to assault on her private part, caused bleeding.

Patna High Court CR. MISC. No.8757 of 2025(2) dt.07-03-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that prior to this case, the petitioner lodged case against informant and her husband which was registered as Karouna O.P. Jehanabad P.S. Case No. 551 of 2020. It is submitted that petitioner is the cousin brother of the victim's husband and no such occurrence as alleged took place, it is just to counter aforesaid case, the present false case was lodged. It is also submitted that informant was not medically examined in support of assault as alleged. It is submitted that beside this case, petitioner found involved in one more criminal case bearing Jehanabad Complaint Case No. 643(c) of 2019, where petitioner is on bail.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as no injury report of informant appears available in support of her allegation, coupled with fact that parties were in inimical terms having criminal litigation pending between them, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of

Patna High Court CR. MISC. No.8757 of 2025(2) dt.07-03-2025 3/3 the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Jehanabad/concerned Court, where the case is pending in connection with Jehanabad Mahila P.S. Case No. 31 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T