Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37835 of 2023 Arising Out of PS. Case No.-187 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== Suresh Paswan Son Of Shiv Pujan Paswan Resident Of Village - Khudiya, P.S. - Baddi, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have caught the informant from behind and put down and tried to outrage her modesty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner appeared before the police and he was given privilege u/s 41(A) of Cr.P.C. and he never misused such privilege. He further submits that there is some dispute

Patna High Court CR. MISC. No.37835 of 2023(2) dt.31-07-2023 2/2 between the petitioner and family of the informant with regard to irrigation of the land, for which the a false case has been lodged against the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sheosagar (Baddi) P.S. Case No. 187 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T