Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30723 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- MAHILA P.S. District- Sheohar ====================================================== Ajay Paswan Son of Ramnandan Paswan Resident of Village- Abhirajpur, Bairiya Piprahi, Police Station- Piprahi, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 323, 376, 379 and 511/34 of the Indian Penal Code.

Petitioner is said to have tried to outrage the modesty of the informant disrobing her when she had gone to the field to uproot mustard plant and on hulla made by her he gave allurement of Rs.2000/- to her but he was apprehended by the villagers arriving at the place of occurrence responding her alarm.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. As a matter of fact, petitioner has lodged a case bearing Piprahi P.S. Case

Patna High Court CR. MISC. No.30723 of 2019(2) dt.09-05-2019 2/2 No. 28 of 2019 against the informant, her husband and others under Section 379 and other allied Sections of the IPC earlier to the case under hand and in order to save her skin from the said case, the informant has lodged this false and frivolous case against the petitioner. Though as per the F.I.R., the petitioner was apprehended by the villagers at the place of occurrence but he was not produced before the police by the villagers. There has been inordinate delay of around six days in lodging the F.I.R. without assigning any plausible explanation for the aforesaid delay. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sheohar in connection with Mahila P.S. Case No. 08 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.