Umesh Kumar @ Umesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20495 of 2017 Arising Out of PS.Case No. -124 Year- 2015 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Umesh Kumar @ Umesh Paswan, son of Late Bhim Paswan, resident of Village- Surari, P.S.- Halsi, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rekha Prasad, Advocate For the Opposite Party/s : Mr Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P. S. Case No. 124 of 2015 for the offences punishable under Sections 376, 323, 379 and 34 of the Indian penal Code. The accusation is that the informant, Pooja Kumari, resident of village- Dhobi Bigha, District- Nalanda had developed relationship with the petitioner and the petitioner used to sexually exploit repeatedly by giving allurement of marriage. On 03.09.2015 in the evening, the petitioner accompanied her at the house of one Pradeep Kumar also committed rape with the informant and when the informant asked the petitioner to perform

Patna High Court Cr.Misc. No.20495 of 2017 (4) dt.11-08-2017 2/2 marriage, all family members used to beat her and when the informant made protest, she was assaulted by the petitioner and other co-accused persons, named in the F.I.R. and at that time, they also snatched her golden chain.

Learned counsel appearing on behalf of the petitioner submits that the informant is married lady and has one child and she has now been deserted by her husband and only to illegal gain and to put pressure lodged this false case.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Mahila P. S.Case No. 124 of 2015, subject to the conditions laid down under Section 438 (2) Cr.P.C. (Rajendra Kumar Mishra, J) Sudha/- U T