Patna High CourtCR. MISC./35570/2019bail granted

Ram Babu Paswan v. The State Of Bihar

2019-08-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35570 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== Ram Babu Paswan S/o Late Baidnath Paswan R/o Village- Garahiya Tola, Ward No. 2, P.S.- Dumra, District- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party :

Mr.Satyendra Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 313, 307/354 of the Indian Penal Code.

Prosecution's case in brief is that the petitioner assaulted the son of the complainant and when she tried to rescue him, the petitioner also assaulted her and pushed her down on the ground as a result of which the pregnancy was aborted.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as the complaint has been lodged on 27.11.2018 and the present FIR was lodged on 2.1.2019 for the alleged occurrence of 10.10.2018. Further, the instant case is counter blast of earlier

Patna High Court CR. MISC. No.35570 of 2019(3) dt.07-08-2019 2/2 case bearing Dumra Police Station Case No. 92 of 2018 lodged by the petitioner under section 379 IPC for theft of Bolero vehicle against the husband of the complainant. Petitioner has got no criminal antecedent.

Considering the facts of the case, let the petitioner, above named, in the event of their arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Dumra Police Station Case No. 5 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T