Ravi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33714 of 2018 Arising Out of PS. Case No.-420 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ravi Paswan, Son of Balister Paswan, Resident of Village- Tikuliya, P.S.- Motihari Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Motihari Muffasil P.S. Case No. 420 of 2017, registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

The allegation in the present case is regarding the petitioner herein and one Balister Paswan having kidnapped the minor daughter of the informant and thereafter, the petitioner herein is said to have raped the victim girl. The learned counsel for the petitioner submits that the present case is a case of love affair and moreover, the medical evidence suggests that her age in between 16 1⁄2 to 17 1⁄2 years and the benefit of doubt should be given to the petitioner. It is

Patna High Court Cr.Misc. No.33714 of 2018(4) dt.23-07-2018 2/2 further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 28.04.2018. Lastly, it is submitted that a compromise has taken place between the parties, hence, there is no impediment in granting bail to the petitioner.

I have heard the learned counsel for the petitioner and perused the records and I find that the petitioner can be enlarged on bail subject to verification of the authenticity of the compromise petition between the parties by the learned court below.

In such view of the matter, it is directed that the learned court below shall examine the informant and the victim girl and make an inquiry as to whether a compromise has voluntarily taken place in between the parties. In case, it is found that the matter has been settled voluntarily, the concerned court shall release the petitioner on regular bail subject to such conditions as may be imposed by the learned C.J.M., East Champaran at Motihari in connection with Motihari Muffasil P.S. Case No. 420 of 2017.

The present petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) ajay gupta/- U T