Vikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24016 of 2019 Arising Out of PS. Case No.-340 Year-2016 Thana- NATHNAGAR District- Bhagalpur ====================================================== VIKASH PASWAN Son of Tulsi Das Paswan Resident of Village - Manoharpur, P.S.- Nathnagar (Madhusudanpur), Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Nathnagar (Madhusudanpur) P.S.Case No.340 of 2016, registered for offences punishable under Sections 366, 364A and 376 of the Indian Penal Code.

On the basis of complaint case, FIR has been lodged and the allegation is that the petitioner forcibly took her and confined in a room and subjected to her to rape and further allegation is that he demanded rangdari .

Submission of the learned counsel for the petitioner is that the complainant/informant is a married lady and she herself went to the petitioner and after that lodged the present case, which will appear from her statement under

Patna High Court CR. MISC. No.24016 of 2019(4) dt.01-07-2019 2/2 Section 164 Cr.P.C. and the present case has been lodged after one year of the said occurrence.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-Ist, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S.Case No.340 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T