Rupan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29834 of 2020 Arising Out of PS. Case No.-163 Year-2017 Thana- CHANDAUTI District- Gaya ====================================================== RUPAN PASWAN, aged about 28 years, Male, Son of Late Latan Paswan, Resident of Village - Krit Nawada, P.S.- Chandauti, District - Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vinod Kumar, Advocate.

For the Opposite Party :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 147, 149, 341, 323, 307, 379, 354, 366(A), 504 and 506/34 of the I.P.C.

The prosecution story, in brief, is that on 15.10.2017, co-accused Dipu Paswan induced the daughter of the informant

Patna High Court CR. MISC. No.29834 of 2020(2) dt.12-11-2020 2/3 and took her away out of her home, when the informant went to enquire about his daughter, the accused persons abused and assaulted the brother of the informant Dhaneshwar Yadav. When Sunita Devi and Wankumari Devi came to save him they were also assaulted causing injuries. Accused persons also torn their clothes and took silver chain and gold ear-ring from them. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 11.09.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been recovered and her statement under Section 164 Cr. P.C. has been recorded. There is no allegation of sexual assault alleged against the petitioner. The main allegation is against co-accused, namely, Dipu Paswan. The petitioner has remained in custody for about one year.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

Patna High Court CR. MISC. No.29834 of 2020(2) dt.12-11-2020 3/3 sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya, in connection with Chandauti P.S. Case No. 163 of 2017.

(Sudhir Singh, J) U.K./- U T