Kundan Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52317 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== Kundan Paswan Son of Brijnandan Paswan Resident of Village- Titai, P.s Karande, District sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bimali Devi W/o Bijay Paswan resident of Village- Titai, P.s Karande, District sheikhpura.

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

For the Petitioner/s : Mr. Bhola Prasad For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-12-2015 Heard Sri Bhola Prasad, learned counsel for the petitioner and learned A.P.P.

The petitioner, who is in custody in connection with Complaint Case No. 54C of 2015 registered for the offence punishable under Section 376 /511 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that on perusal of the impugned order itself it is evident that husband of the complainant is an accused in Sessions Trial No. 480 of 2014 relating to attempt to commit rape of the mother of the present petitioner. It has further been submitted that besides this earlier also from the complainant's side the petitioner was

Patna High Court Cr.Misc. No.52317 of 2015 (2) dt.03-12-2015 2/2 made accused in Karendey P.S. Case No. 36 of 2009 registered under Section 354, 379/ 34 of the Indian Penal Code. According to learned counsel for the petitioner only on false allegation petitioner has been made accused in the present case only with a view to wreak vengeance.

Keeping in view the nature of accusation as well as the fact that there were cases in between the parties, the court is of the opinion that it is a fit case for grant of bail. Let the petitioner Kundan Paswan 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 Chief Judicial Magistrate, Sheikhpura, in connection with Complaint Case No. 54C of 2015.

(Rakesh Kumar, J) Praful/- U T