Jivesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9705 of 2017 Arising Out of PS.Case No. -334 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Jivesh Paswan, Son of Late Bindeshwar Paswan, Resident of VillageSamartha Kalyanpur, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Samastipur (Muffasil) P.S. Case No. 334 of 2016, registered under Sections 366, 376 and 504 of the Indian Penal Code. The allegation of informant, Meera Devi, is that before eight months, two persons including the petitioner came in the village and started to sell the medicine of gas. The informant approached to the petitioner for gas problem then petitioner gave her medicine and she recovered from gas problem. Thereafter, petitioner asked her to participate in his business of preparing of medicine of gas and sale the same saying that she will be benefited

in this business. The informant left the village and started to live with the petitioner in village Dudhpura in rented house, where both started to prepare the medicine of gas and sale the same but she was not paid any penny. The informant demanded the money then petitioner refused to give the money. In the meantime, petitioner developed physical relation with her. On 22.11.2016, she started to move from there on call of her husband then this petitioner made protest but on raising alarm by her, the petitioner was caught hold on spot by the villagers.

Learned counsel for the petitioner submits that, in fact, informant, who is married, left her village and started to live with this petitioner at Danapur for preparing the medicine of gas and sale the same according to her own sweet will. When her husband reached at Dudhpur then only to take her defence the present case has been lodged with false allegation against the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 24.10.2016.

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 Chief Judicial Magistrate-V, Samastipur, in connection

with Samastipur (Muffasil) P.S. Case No. 334 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T