Dashrath Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.55210 of 2017 (2) dt.20-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55210 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================
1. Dashrath Paswan S/o Late Munna Paswan, R/o Village- Sonama, P.S.- Islampur, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 The petitioner seeks regular bail in connection with Mahila P.S. Case No. 95 of 2017, registered for offences punishable under Sections 354 (B), 341 and 323 of the Indian Penal Code.
Allegation against the petitioner is of trying to commit rape on the informant.
It has been submitted on behalf of the petitioner that out and out false and frivolous allegation has been levelled due to previous enmity and no such occurrence has ever taken place. Further petitioner has no criminal antecedent and has been in custody since 11.05.2017 and is ready to abide by any condition imposed on him.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, period of custody and also that
Patna High Court Cr.Misc. No.55210 of 2017 (2) dt.20-11-2017 petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Biharsharif, Nalanda, in connection with Mahila P.S. Case No. 95 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T