Birjhan Paswan @ Birjhan Paswanl v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27568 of 2021 Arising Out of PS. Case No.-436 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== BIRJHAN PASWAN @ BIRJHAN PASWANL, Son of Shambhu Paswan, Resident of Village - Bintoli, Dhobiya Tola, P.S. - Shrinagar, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No 7, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-10-2021 Heard the parties.

Let the defect(s), if any, be removed within four weeks.

Petitioner seeks bail in a case registered for the offences punishable under Sections 366A and 494/34 of the Indian Penal Code.

The statement of the victim recorded under Section 164 Cr.P.C. would reveal that the allegation of commission of penetrative sexual assault is against co-accused Prem Mukhiya. Petitioner is not named in that statement. Investigation of the case against the petitioner is already complete. Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees

Patna High Court CR. MISC. No.27568 of 2021(2) dt.05-10-2021 2/2 Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Majhaulia Police Station Case No. 436 of 2020, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T