Rahul Paswan @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20903 of 2020 Arising Out of PS. Case No.-305 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Rahul Paswan @ Mithilesh Kumar Son of Muna Paswan Resident of VillageHalimchak, Police Station-Fatehpur, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Dhirendra Pratap Singh For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-08-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 365/376/34 of the Indian Penal Code.

According to FIR, the informant, who is a married lady aged about 19 years, was in her matrimonial house. Two persons including the petitioner who were villagers of the parents house came and asked that the brother of the informant is ill. Believing them informant went along with the two

Patna High Court CR. MISC. No.20903 of 2020(3) dt.18-08-2020 2/3 accused on a motorcycle and accused persons carried her to different places for two days and thereafter left her. Learned counsel for the petitioner submits that there is no material to substantiate that the informant ever protested against the act of the accused persons; rather the matter appears to be of love affairs between the informant and co-accused Ravi Paswan. In her statement under Section 164 Cr.P.C. the informant stated that Ravi was in physical relation with her as husband and wife. However, she has not alleged anything against the petitioner. Investigation of the case is already complete. There is no material to substantiate that the petitioner is going to tamper with the evidence or not cooperate with the trial.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Barachatti (Mohanpur) P.S. Case No.305 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

Patna High Court CR. MISC. No.20903 of 2020(3) dt.18-08-2020 3/3 (b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T