Patna High CourtCR. MISC./4400/2017bail granted

Munna Paswan v. The State Of Bihar

2017-02-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4400 of 2017 Arising Out of PS.Case No. -92 Year- 2016 Thana -GOPALPUR District- PATNA ======================================================

1. Munna Paswan Son of Hari Narayan Paswan, Resident of VillageBhogipur, Chakpool, P.S. Gopalpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections-323, 341, 376, 511 of the Indian Penal Code and u/S 7 & 8 of the POSCO Act.

It is alleged in the written report that on 24-06-2016, while the daughter of the informant was alone in the house, the petitioner attempted to commit illegal act with her after removing her clothes.

It has been submitted on behalf of the petitioner that the case has been filed by victim's mother after delay of 26 days and thereafter, the statement of the victim was recorded u/S 164 of the Cr.P.C. on 15-07-2016 in which, she made contradictory statement stating that this petitioner after removing her cloth, bite

Patna High Court Cr.Misc. No.4400 of 2017 (2) dt.13-02-2017 2/2 her private parts also. The petitioner is said to be in custody since 28-06-2016. It is mentioned at paragraph-3 of the petition that the petitioner has got no criminal antecedent.

Considering the above-said facts and circumstances as also the view of lodging of delayed FIR coupled with stating different story in the statement of victim recorded u/S 164 of the Cr.P.C., let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 91 of 2016 arising out of Gopalpur P.S. Case No. 92 of 2016 to the satisfaction of Learned Additional Sessions Judge-Ist, Patna subject to condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) A.K.V./- U T