Rahul Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.1973 of 2017 (2) dt.23-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1973 of 2017 Arising Out of PS.Case No. -658 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Rahul Paswan S/o Dhanji Paswan Resident of Village- Koiriyan, P.S. Dinara, District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Fulwari Sharif P.S. Case No. 658 of 2016 registered for the offences punishable under Sections 420 and 385 of the Indian Penal Code. Allegedly, the petitioner demanded Rs. 5,000/- from father of Shrawan Kumar who was traceless after seeing the poster at Ara Station and gave his account number to the father of Shrawan Kumar to deposit the money and accordingly, the petitioner was apprehended.

Submission is of false implication and that out of lust the petitioner made call to the father of Shrawan Kumar after seeing the mobile number on that poster and he has got no concern with Shrawan Kumar and only with a view to take Rs. 5,000/- he called the father of Shrawan Kumar, no amount has been paid and the

Patna High Court Cr.Misc. No.1973 of 2017 (2) dt.23-01-2017 petitioner is suffering in custody since 01.11.2016. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that no money was delivered and only it is a case of an attempt to cheat, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Md. Seema Eram, J. M. Ist Class, Patna in connection with Fulwari Sharif P.S. Case No. 658 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T