Mukesh Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21167 of 2022 Arising Out of PS. Case No.-186 Year-2021 Thana- GORAUL District- Vaishali ====================================================== MUKESH KUMAR PASWAN Son of Bhola Paswan Resident of Village - Rampur Dumari, P.S.- Goraul, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 376, 511, 506 and 34 of the Indian Penal Code. The informant alleges that petitioner along with two unknown accused about a year back clicked her photograph by mobile and threatened to put the same on internet and thus forced her to meet or her brother would be killed, accordingly, the informant met when petitioner tried to commit rape but she became unconscious and later was recovered by her family members in an unconscious state behind her house.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.21167 of 2022(2) dt.02-11-2022 2/3 petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that on account of dispute relating to land the present false case has been instituted. Learned counsel next submits that the present FIR came to be instituted on account of dispute relating to damage of crops of the informant's land as stated in Paragraph '7', it is further submitted that there is delay in instituting the FIR, the date of occurrence is 21.04.2021 and the FIR came to be instituted on 26.04.2021, i.e., after a delay of five days. Learned counsel next submits that on intervention of well wishers, the informant has also filed an application before the learned Trial Court as the matter between the parties have been compromised.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.21167 of 2022(2) dt.02-11-2022 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Goraul (Kathara O.P.) P.S. Case No. 186 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Harsh/GauravU T