Ashok Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.58541 of 2015 (2) dt.08-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58541 of 2015 Arising Out of PS.Case No. -191 Year- 2015 Thana -JAGDISHPUR District- - ======================================================

1. Ashok Paswan Son of Hari Paswan R/o Village Bangdiha, P.S. Goradih (Jagdishpur), District Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha -Advocate For the Opposite Party/s : Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

There happens to be allegation against the petitioner at the end of victim/informant, Mira Devi to the effect that after taking her under his grip, stripped her and then unsuccessfully attempted to commit rape, however, on her resistance as well as hue and cry raised by her, he escaped therefrom. The occurrence is of dated 26.10.2015 while the written report was launched on 31.10.2015. Apart from this, from Annexure-2, statement under Section 164 of the Cr.P.C., it is evident that the victim herself exonerated the petitioner, save and except, putting an allegation that he assaulted her.

Petitioner is under custody since 01.11.2015. As per paragraph-3 of the petition, petitioner has got no criminal

Patna High Court Cr.Misc. No.58541 of 2015 (2) dt.08-02-2016 antecedent.

Accordingly, petitioner, Ashok Paswan is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur (Goradih) PS Case No. 191/2015.

(Aditya Kumar Trivedi, J) perwez U T