Bijendra Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56982 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -NAWINAGAR District- AURANGABAD ====================================================== Bijendra Kumar Paswan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Madhurilata (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The present case was lodged by informant on 03-042015 for the offence, which had taken place on 13-03-2015. Admittedly, the victim has already returned to her home and the present case was lodged when the victim returned and narrated the entire story to the informant. The statement of victim was recorded u/S 164 of the Cr.P.C. in which, she stated that she was taken away by the petitioner to Delhi, where he committed rape on her and after that, she was dropped near her house. The impugned order shows that when the victim was medically examined, she was found aged about between 17-18 years. Furthermore, the written report of the informant reflects that there was love affair between the informant and the petitioner and

Patna High Court Cr.Misc. No.56982 of 2015 (2) dt.17-12-2015 the victim left her home voluntarily.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nawinagar P.S. Case No. 41 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad. (Hemant Kumar Srivastava, J) A.K.V./- U T