Satish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22934 of 2018 Arising Out of PS. Case No.-283 Year-2017 Thana- MASAURHI District- Patna ====================================================== Satish Paswan, S/o Chand Paswan, R/o Vill.- Badroi, P.S.- Masaurhi, DistrictPatna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sudhanshu Shekhar For the Opposite Party/s :

Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Special Case No.116 of 2017 (arising out of Masaurhi P.S. Case No.283 of 2017), registered for the offence punishable under Section 376 of the Indian Penal Code and under Section 4 of the P.O.S.C.O. Act.

Allegation has been made against the petitioner to have committed sexual assault on victim.

Learned counsel for the petitioner submits that the victim in her statement recorded under Section 164 of the Cr.P.C. has narrated a different story. He further submits that the victim has filed a written complaint, which led to lodging of F.I.R.

Patna High Court Cr.Misc. No.22934 of 2018(2) dt.27-04-2018 2/2 Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T