Patna High CourtCR. MISC./23068/2016bail granted

Mannu Paswan v. The State Of Bihar

2016-05-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23068 of 2016 Arising Out of PS.Case No. -188 Year- 2015 Thana -BEGUSARAI MUFFASIL District- BEGUSARAI =====================================

1. Mannu Paswan, son of Navin Paswn, resident of Village - Sushil Nagar, P.S. - Muffasil (Singhaul) District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashish Kumar, Adv. For the Opposite Party/s : Mr. Amrendra Prasad (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-05-2016 Heard the parties.

This application, for grant of regular bail, arises out of Begusarai Muffasil P.S. Case No.188 of 2015 (Sessions Trial No.129 of 2016), disclosing offences under Sections 366A and 363/34 of the Indian Penal Code. Learned counsel for the petitioner has drawn my attention to the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, and has submitted that she herself deposed that the petitioner did not misbehave with her. Learned counsel for the petitioner

Patna High Court Cr.Misc. No.23068 of 2016 (2) dt.26-05-2016 2/2 has submitted that the petitioner's implication in the First Information Report is based on mere suspicion and if the First Information Report and the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, are considered together, prosecution case appears to be highly unreliable.

I find substance in the aforesaid submission. This application is, accordingly, allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Begusarai, in connection with Sessions Trial No.129 of 2016, arising out of Begusarai Muffasil P.S. Case No.188 of 2015.

This is subject to the condition that the petitioner, abovenamed, shall present himself before the police/Court, as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T