Arvind Paswan @ Pankaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37422 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== ARVIND PASWAN @ PANKAJ S/o Guput Paswan R/o village- Pusauli, P.S.- Mohania, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 366(A) IPC registered in connection with Mohania P.S. Case No. 114 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the parties are next door neighbours. The FIR has been instituted after a delay of three days on 07.03.2019 for the alleged occurrence of 04.03.2019. It is further submitted that a day prior to the present case the father of the victim had lodged an FIR being SC/ST Bhabua P.S. Case No. 09 of 2019. In her deposition under Section 164 Cr.P.C. she has claimed to be of 18 years of age and has stated that she went with the petitioner on his request and declined his proposal for marriage and returned home. No misbehaviour of any sort has been alleged against the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.37422 of 2019(2) dt.20-06-2019 2/2 ACJM, Kaimur at Bhabua, in connection with Mohania P.S. Case No. 114 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T