Patna High CourtCR. MISC./38801/2014bail granted

Munna Paswan v. The State Of Bihar

2015-02-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38801 of 2014 Arising Out of PS.Case No. -2 Year- 2014 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Munna Paswan Son of Late Ashok Paswan @ Dipu Paswan resident of Dumaria Bhatha, Police station and Distt - Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 28.06.2014 in a case registered under section 376, 313 and 120B of the Indian Penal Code on the basis of Complaint Case.

The accusation against the petitioner is that he committed rape on informant on 16.11.2012 and after that he continuously sexually assaulted on false promise of marriage. The informant became pregnant and thereafter petitioner put Vermilion on the forehead of the informant in a temple and solemnized his marriage with the informant and also gave some tablets to the informant so that her pregnancy could be terminated. After termination of the pregnancy petitioner refused to solemnize his

Patna High Court Cr.Misc. No.38801 of 2014 (3) dt.13-02-2015 2/2 marriage, though the informant and her family members called panchyati to resolve the dispute.

It would appear from perusal of the first information report, that at the time of filing of complaint case bearing Complaint Case No. 1632 of 2013, the informant gave her age as 18 years and, therefore, it is apparent from the aforesaid fact that the informant was major at the time of filing of the complaint petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Kishanganj in connection with session trial no. 1009 of 2014, arising out of Kishanganj P.S.Case No. 02 of 2014.

Namita/- (Hemant Kumar Srivastava, J) U