Binod Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.20700 of 2016 (2) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20700 of 2016 Arising Out of PS.Case No. -345 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ====================================================== Binod Paswan, Son of Hari Nandan Paswan, R/o village- Mohammadpur, Badal Shivram , p/s Sakra, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate. For the Opposite Party/s : Ms. R. Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sakra P.S. Case No. 345 of 2015 registered under Section 376 of the Indian Penal Code.

The allegation of informant is that on 12.11.2015 at about 5 P.M., in the evening, she was going to her house from Bathan, in the way, petitioner caught hold and carried her in his house and tried to unfold her cloths. At that time, informant become unconscious and after regaining senses, she found herself in the Hospital.

Learned counsel for the petitioner submits that on the basis of the application of the father of the petitioner, a proceeding

Patna High Court Cr.Misc. No.20700 of 2016 (2) dt.16-05-2016 under Section 144 of the C.P.C. was initiated against Jainandan Paswan, uncle of the informant, due to that reason the present false case has been lodged against the petitioner. It is further submitted that while the informant has stated about carrying by the petitioner and becoming unconscious but no any external injury was found on the person of the informant and no sign of rape was also found. Further submitted that petitioner has no criminal antecedent and is in custody since 21.01.2016.

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 Ist Additional Sessions Judge -cum -Special Judge, Muzaffarpur, in connection with Sakra P.S. Case No. 345 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T