Patna High CourtCR. MISC./9663/2019bail granted

Arjun Paswan v. The State Of Bihar

2019-04-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9663 of 2019 Arising Out of PS. Case No.-89 Year-2018 Thana- MAHILA P.S. District- Nalanda ====================================================== Arjun Paswan Son of Sri Ram Lagan Paswan Resident of Village- Pachauri, P.S.- Deepnagar. dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Anil Kumar, Advocate For the State :

Mr. Shyam Bihari Singh, APP For the Informant :

Mr. Mukesh Kumar-1, Advocate Mr. Ranjan Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 376(D) of the I.P.C.

Allegation is that on 30.8.2018 four persons, who were covering their faces with gamchha, came to the house of the informant and one of the boy put off her Salwar and committed rape upon the informant, Her sister woke up and raised hulla, upon which they fled away. The mobile and full pant of the boy were left at her house, who name was Mukesh Mistri.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.09.2018 and has got no criminal antecedent. Charge sheet has been submitted in the

Patna High Court CR. MISC. No.9663 of 2019(4) dt.18-04-2019 2/2 case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The Petitioner has falsely been implicated in the present case. Other co-accused has been granted bail vide Cr.Misc.No.95 of 2019.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Nalanda at Biharsharif in connection with Sessions Trial No.671 of 2018 arising out of Mahila P.S. case No.89 of 2018.

(Sudhir Singh, J) Narendra/- U T