Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43876 of 2024 Arising Out of PS. Case No.-32 Year-2023 Thana- MAHILA PS District- Aurangabad ====================================================== Mahendra Paswan, Son Of Late Vijay Paswan Village- Mahua Shahid, Ward No. 29, P.S.- Nagar Aurangabad, Distt.- Auragabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajni Kumari, D/o Pramod Chaudhary R/o Mohalla- Biratpur Nala, Ward No.-30, P.S.-Nagar, Dist.- Aurangabad.

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Ms. Vaishnavi Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh- A.P.P.

Miss Nikita Mittal Mr. Akash Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024

1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the informant and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 376, 313, 506 and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. The learned counsel for the petitioner submits that petitioner has antecedent of four cases and is in custody since 25.04.224. It is next submitted that a purely consensual relation has been given the colour of rape.

4. At this stage, the learned counsel appearing on

Patna High Court CR. MISC. No.43876 of 2024(3) dt.05-10-2024 2/2 behalf of the informant Mr. Akash Raj submits that he has instructions not to oppose the regular bail application of the petitioner.

5. Considering the submissions made by the learned counsel appearing on behalf of the informant, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Exclusive Judge, POCSO, Aurangabad in connection with Mahila P. S. Case No.32 of 2023.

6. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T