Mamta Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33514 of 2016 Arising Out of PS.Case No. -71 Year- 2016 Thana -SILAO District- NALANDA (BIHARSHARIFF) ====================================================== Mamta Paswan, son of Dayanand Paswan, resident of village Sammatpur, Police Station- Salimpur, District- Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar, Advocate For the Opposite Party : Mr. Smt. Asha Kumari(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

The petitioner duped the informant on the pretext of providing job and succeeded in snatching of Rs. 40,000/-. As informant failed to obtain any kind of service at the behest of petitioner on account thereof, began to demand refund, whereupon Rs. 10,000/- was paid and Rs. 30,000/- still remains. While the informant had gone to place of petitioner on the alleged date along with his parents, it has been alleged that petitioner had abused, assaulted and during course thereof, tried to outrage modesty of his mother.

Learned counsel for the petitioner submits that petitioner is ready to deposit the aforesaid remaining amount Rs. 30,000/-.

Patna High Court Cr.Misc. No.33514 of 2016 (2) dt.17-08-2016 2/2 Learned Additional Public Prosecutor submits that petitioner be released on provisional bail for particular period till payment.

In the aforesaid facts and circumstances of the case, petitioner, Mamta Paswan is directed to be released on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Biharsharif at Nalanda in connection with Silao P.S. Case No. 71 of 2016, for a period of four months, during midst thereof, petitioner is required to deposit Rs. 30,000/-. It is also made clear that first installment of Rs. 5,000/- should be deposited before furnishing of bail bond, if the amount is deposited within the aforesaid period, then in that event, the learned Chief Judicial Magistrate, Biharsharif at Nalanda will confirm the provisional bail. Contrary to it, the provisional bail so granted in favour of petitioner will cease to survive. (Aditya Kumar Trivedi, J.) Rajiv/- U T