Asharfi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39509 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- PALANWA District- East Champaran ====================================================== ASHARFI PASWAN Son of late Jawahar Paswan Resident of Village - Sukhi Semara, P.S.- Palawan, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Palanwa P. S. Case No. 35 of 2019 instituted for the offence under Section(s) 457, 376/511 of the Indian Penal Code.

In the written report it is alleged that on the date of occurrence informant got awake in the morning at 4 AM after hearing noise of her sister in her room. The informant went to room and found the petitioner was trying to commit illegal act with his sister. Thereafter informant apprehended this petitioner and he was handed over to police.

Learned counsel for petitioner has submitted that petitioner has gone in the house in the morning to make demand of his money which informant had taken as loan for medical

Patna High Court CR. MISC. No.39509 of 2019(2) dt.02-07-2019 2/2 expenses from petitioner. Petitioner has been falsely implicated in this case.

Learned counsel for informant has appeared and opposed the prayer for bail.

Petitioner is in custody since 19.3.2019 having no criminal antecedent.

Keeping in view period of custody already spent by petitioner, let the petitioner, above named, 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 the CJM Motihari East Champaran at Motihari, in connection with Palanwa P. S. Case No. 35 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T