Munna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38632 of 2015 Arising out of PS.Case No. -65 Year- 2015 Thana -GOGRI District- KHAGARIA ====================================================== Munna Paswan, S/o late Palat Paswan, resident of Village-Gogri Latra tola, Ps Gogri District Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner : M/S. Vijay Anand, Binod Kumar and Arun Kumar Gupta, Advocates.

For the Opposite Party : Mr. Deepak Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2015 Heard learned counsels for the petitioner, informant and learned counsel for the State The petitioner is languishing in custody since 17.04.2015 in connection with Gogari P.S. Case No. 65 of 2015 for the offences instituted under Sections 376, 341, 323, 504 of the IPC and 3⁄4 of the POCSO Act.

The prosecution story, in brief, is that Punam Kumari lodged F.I.R. against the petitioner and other co-accused persons mentioning therein that on 16.2.2015 at 12.30 night, the petitioner accused Munna Paswan entered into the house of the informant caught hold her, closed her mouth, came out of Court-yard, took away the informant to his house and committed rape with her. Further on alarm raised by the informant, the mother and brother of the informant went at the house of the accused. Thereafter the

Patna High Court Cr.Misc. No.38632 of 2015 (3) dt.08-10-2015 2/2 accused petitioner Munna Paswan and his family members assaulted them by fists.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 17.04.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. From perusal of paragraph nos. 54, 55 and 56 of the case diary it is evident that there was love affair between the victim and the petitioner which was not liked by the parents of the victim. Hence, this prosecution.

On behalf of the learned counsels for the informant and the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Ist Additional Sessions Judge, Khagaria, in connection with Gogari P.S. Case No. 65 of 2015.

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