Mukesh Kumar Paswan @ Mukesh Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.12257 of 2017 (2) dt.18-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12257 of 2017 Arising Out of PS.Case No. -200 Year- 2016 Thana -SARAI RANJAN District- SAMASTIPUR ====================================================== Mukesh Kumar Paswan @ Mukesh Paswan, son of Hari Lal Paswan, resident of Village- Manika, P.S.- Sarairanjan, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Sarairanjan P.S. Case No. 200 of 2016, registered under Sections 341, 323 and 376/511 of the Indian Penal Code. The accusation is that when the informant was cutting grass in the field then this petitioner tried to commit rape on her, in which, she sustained injury at her leg and waist. Learned counsel for the petitioner submits that, in fact, informant and petitioner are agnates and due to ulterior motive the present case was lodged with false allegation. It is further submitted that on investigation, the police submitted charge sheet against the petitioner under Sections 354, 504, 341 and 323 of the
Patna High Court Cr.Misc. No.12257 of 2017 (2) dt.18-03-2017 Indian Penal Code but, on perusal of case diary, the learned court below took cognizance of the offence, under Sections 376, 511, 341 and 323 of the Indian Penal Code and Section 8 of the POSCO Act. The petitioner has no criminal antecedent and is in custody since 04.01.2017.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Additional Sessions Judge-I, Samastipur, in connection with Sarairanjan P.S. Case No. 200 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T