Patna High CourtCR. MISC./39805/2022bail granted

Sanjay Paswan v. The State Of Bihar

2023-01-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39805 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== SANJAY PASWAN Son of Deeplal Paswan Resident of Village - Rajpura, Police Station- Vaishali in the district of Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376, 307, 379, 323, 341, 504, 506, 511 and 34 of the Indian Penal Code. As per the prosecution case, it is stated that the petitioner attempted to commit rape on the informant. On the informant resisting, she was assaulted. On her raising halla, other persons came to her rescue on which the petitioner escaped.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case because of pending land dispute between the parties. There is an inordinate delay of 14 days in lodging of the complaint which led to registering of the F.I.R. In the injury

Patna High Court CR. MISC. No.39805 of 2022(3) dt.20-01-2023 2/2 report, the injury on the informant has been found to be simple in nature. The petitioner is in custody since 13.5.2022 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the delay in lodging of the complaint/F.I.R., the petitioner being in custody for 8 months since 13.5.2022, not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Vaishali P.S. Case no.52 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Saurabh/- U T