Mithilesh Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.10935 of 2015 (2) dt.22-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10935 of 2015 Arising Out of PS.Case No. -11 Year- 2014 Thana -DEO District- AURANGABAD ====================================================== Mithilesh Paswan, Son of Briksh Paswan resident of village - Pachokhar, Police Station - Deo, District - Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Dr. Ajit Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Deo P.S. Case No. 11 of 2014 registered under Section 376(D) of the Indian Penal Code and Section 4/8 of the Protection of Children from Sexual Offence Act.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 23.09.2014 passed in Cr. Misc. No. 35404 of 2014 and another analogous case by this Court. It is further submitted that while informant, Runa Kumari, who is the victim of this case, has disclosed the name of the petitioner in the F.I.R. but she has been examined by the trial court as P.W.1, in which, she has

Patna High Court Cr.Misc. No.10935 of 2015 (2) dt.22-04-2015 specifically stated about committing her rape by one Suraj Paswan and has not disclosed the name of this petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 15.03.2014.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge Ist, Aurangabad, in connection with Deo P.S. Case No. 11 of 2014.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T