Dinesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33549 of 2014 Arising Out of PS.Case No. -3 Year- 2012 Thana -MAHILA P.S. District- PATNA ====================================================== Dinesh Paswan .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar Thakur, Advocate. For the Opposite Party : Mr. Dr. Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2015 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 02.08.2012 in a case registered for the offences punishable under Sections 120(B), 292, 293, 294, 323, 376(2)(G), 504, 506/34 of the Indian Penal Code and 67, 67(A), 67(B) and 68 of the I.T. Act. It is alleged that the informant has some affairs with Prashant Kumar but subsequently he has apprehension that the informant developed some intimacy with co-accused Arman. Prashant Kumar called the victim and took her in a apartment where this petitioner being the domestic help opened the door. Thereafter, Prashant Kumar, Rahul Kumar, Rahul Lamba, Sushant and Saurabh came and forcefully established forceful physical relationship with the victim and prepared M.M.S. Thereafter, they assured to delete M.M.S. but subsequently black mailed the
Patna High Court Cr.Misc. No.33549 of 2014 (3) dt.30-01-2015 2 / 2 victim.
It is submitted by learned counsel for the petitioner that prior to lodging of F.I.R., a case was lodged before the Bihar State Mahila Commission, Patna, where the petitioner was not named. In 164 Cr. P.C., statement of the victim also no overt act has been alleged against this petitioner.
statement has been made in paragraph no. 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Adhoc Additional Sessions Judge-IV, Patna, in connection with Sessions Trial No. 1231 of 2012, arising out of Mahila P.S. Case No. 03 of 2012.
Learned court below will be liberty to cancel the bail bond of the petitioner if he defaults for three consecutive occasions.
U.K./- (Dinesh Kumar Singh, J) U T