Jai Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26108 of 2018 Arising Out of PS.Case No. -13 Year- 2012 Thana -PHULPARAS District- MADHUBANI ====================================================== Jai Prakash Paswan, Son of Fuleshwar Paswan, Resident of VillageMahathor (Goth), P.S.- Andhara Math, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Phulparas PS case no. 13 of 2012 instituted for the offences punishable under Sections 366, 366(A), 372/34, 376 of Indian Penal Code The allegation is regarding the accused persons including the petitioner herein having committed rape with the victim girl.

The learned counsel for the petitioner submits that the trial of one of the co-accused was separated and the learned Adhoc Addl. Sessions Judge-III, Madhubani by a judgment dated 31.07.2014 has acquitted the co-accused namely Sunita Devi and

Patna High Court Cr.Misc. No.26108 of 2018 (3) dt.05-07-2018 2/2 in the said trial, the victim girl has stated that her statement under Section 164 Cr.P.C. was recorded under compulsion and threat of the police. It is further submitted that the petitioner is languishing in custody since 16.01.2018.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Madhubani in connection with Phulparas PS case no. 13 of 2012.

(Mohit Kumar Shah, J) rinkee/- U T