Sudhir Kumar Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.43539 of 2015 (2) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43539 of 2015 Arising Out of PS.Case No. -21 Year- 2014 Thana -MOKAMAH District- PATNA ======================================================

1. Sudhir Kumar Paswan Son of Triveni Paswan resident of Village Kanhai, Pur, ps. Mokama District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Sen Prasad For the Opposite Party/s Mr. V.S. Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 21.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Statement of victim has been recorded under section 164 of the Cr.P.C in which she levelled allegation of kidnapping and gang rape against FIR named accused Pankaj son of Triveni and brother-inlaw of the aforesaid Pankaj. Petitioner happens to be son of Triveni Paswan but submission on behalf of the petitioner is that brother-inlaw of the aforesaid co-accused Pankaj has already been granted privilege of bail and moreover, alleged occurrence is said to have taken place on 28.1.2014 and victim was medically examined on 30.1.2014 but no sign of rape was found on her person and, therefore, the aforesaid circumstance goes to show that statement of the victim is a tutored statement.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.43539 of 2015 (2) dt.21-09-2015 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I, Patna in Special case no. 38/2015 arising out of Mokama P.S. Case no. 21/2014.

shahid (Hemant Kumar Srivastava,J) U T