Siya Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33563 of 2019 Arising Out of PS. Case No.-3 Year-2017 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.

SIYA RAM PASWAN Son of Shiv Govind Paswan Resident of VillageBahsi Damodar, P.S.- Jandaha, District- Vaishali. 2.

Bhula Paswan @ Hare Ram Paswan Son of Govind Paswan Resident of Village- Bahsi Damodar, P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with C1 Case No.03 of 2017 registered under Sections 323, 448 and 354 of the Indian Penal Code besides Section 12 of th POCSO Act.

The accusation is that, earlier, the petitioner no.1 had entered into the house of the complainant Renu Devi and alluring her daughter had asked her daughter to allow him to commit rape. When the daughter of the complainant refused, then the petitioner no.1 used force with the daughter of the complainant. On the alarm being raised by the daughter of the

Patna High Court CR. MISC. No.33563 of 2019(2) dt.22-05-2019 2/3 complainant, the petitioner no.1 fled away. When the daughter of the complainant asked about the incident to her, the Panchayati was arranged and the matter was pacified. Again, on 14.05.2017 at about 09.00 P.M., the petitioner no.1 entered into the house of the complainant and made attempt to commit rape on her daughter. When the complainant tried to catch the petitioner no.1, he fled away. Thereafter, all the accused including the petitioners abused and caused assault to the husband of the complainant and tried to outrage the modesty of the complainant.

Learned counsel for the petitioners submits that the petitioners are next door neighbours of the complainant and due to petty dispute, the complainant has lodged this false complaint case. The petitioners have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge, Vaishali at Hajipur, in connection with C1 Case No.03 of 2017, subject to the conditions laid

Patna High Court CR. MISC. No.33563 of 2019(2) dt.22-05-2019 3/3 down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T