Permeshwari Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9540 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -GAMAHARIYA District- MADHEPURA ======================================================
1. Permeshwari Paswan Son of Late Mahabir Paswan
2. Kapildeo Paswan Son of Bhumi Paswan Both are resident of Village - Aurahi, P.S. - Gamharia, District - Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 146, 323, 341, 376, 504 of the Indian Penal Code and 12 of the Prevention of Children from the Sexual Offences Act.
It is alleged that on 12.02.2014 in the night when the informant went out the house to attend the call of nature, the petitioners caught hold her hand, gagged her and brought her at a lonely place and established forceful physical relationship one by one.
It is submitted by the learned counsel for the petitioners that the petitioners were not sent up for trial and
Patna High Court Cr.Misc. No.9540 of 2015 (2) dt.21-04-2015 charge-sheet was only submitted against Shrawan Kumar, grant daughter of petitioner no. 1, with whom there was love affairs of the informant. It is submitted that for the occurrence of 12.02.2014, the First Information Report was registered on 15.02.2014 and she was medically examined on 17.02.2014 where only abrasion of marginal size was found on forearm and no injury was found on private part. The medical report negates the commission of rape, subsequently informant retracted from his initial version and filed a petition to that effect before the learned court below.
Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J., Ist, Madhepura in connection with Gamharia P.S. Case No. 31 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T