Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16954 of 2024 Arising Out of PS. Case No.-79 Year-2016 Thana- MAHILA P.S. District- Saharsa ====================================================== Ajay Paswan S/o Late Kalpu Paswan R/o Chikni Barsam, P.S. - Saur Bazar, Dist. - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Verma, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 79 of 2016 registered under Section 376 of the Indian Penal Code.

3. It is alleged that petitioner has sexually exploited the informant for one year when her husband had gone to Delhi for earning his livelihood.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the First Information Report has been lodged after a delay of one year of the alleged occurrence without there being any cogent reason. There is no exact place of occurrence and time has been

Patna High Court CR. MISC. No.16954 of 2024(3) dt.01-05-2024 2/2 given by the informant in the FIR. It is next submitted that after 24 days of lodging of the FIR, the victim (informant) sworn an affidavit before the Court below in which she has stated that petitioner is like her devar and under the influence of someone, she has lodged this false FIR. The petitioner has got no criminal antecedent.

5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Saharsa in connection with Mahila P.S. Case No. 79 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T