Mailar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7640 of 2022 Arising Out of PS. Case No.-122 Year-2020 Thana- MANPUR District- Nalanda ====================================================== Mailar Paswan Son of Rabindra Paswan Resident of Village - Vilashpur, P.S.- Manpur, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Manpur P.S. Case no. 122 of 2020 instituted for the offence under Sections 341, 323, 504, 506, 354(B), 379, 307, 376, 511, & 34 of the Indian Penal Code.

As per allegation in FIR, while the informant was going towards her house, the petitioner along with other co-accused persons caught her with bad intention. They attempted to rape and outrage the modesty of informant. It is further alleged that the accused persons snatched her gold locket.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of attempt of rape is against the

Patna High Court CR. MISC. No.7640 of 2022(3) dt.22-09-2022 2/2 Lakshmi Paswan who had, already been granted bail. The case of the petitioner stands on better footing to that of the co-accused Lakshmi Paswan as the petitioner was only standing at the place of occurrence nothing else. No specific overt act of trying to commit rape is against the petitioner. He has got no criminal antecedent. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Manpur P.S. Case no. 122 of 2020, he will be enlarged 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 1st Nalanda, Bihar Sharif subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/aman U