Patna High CourtCR. MISC./44028/2023bail granted

Navin Kumar Paswan v. State Of Bihar And ANR

2023-07-25Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44028 of 2023 Arising Out of PS. Case No.-140 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== NAVIN KUMAR PASWAN, Son of Harilal Paswan, Resident of village - Bokantari, Ward No. 3, P.S. - Sikty, Distt. - Araria ... ... Petitioner/s

Versus

The State of Bihar 2.

Juli Khatoon D/o- Md. Hasruddin, Resident of village - Bhutha Bokantri, P.S. - Sikty, Distt. - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with S.T. No. 06 of 2023 arising out of Mahila P.S. Case No. 140 of 2019, dated 04.10.2019 registered for the offences punishable under Sections 447, 376 and 506/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel Mr. Gopal Kumar Jha, appearing for the petitioner are that the allegation levelled against the petitioner is completely false and his trial has started and the informant has been examined and she revealed in her evidence that on the alleged date and time of occurrence, a simple altercation took place in between this petitioner and her family and the petitioner is the

Patna High Court CR. MISC. No.44028 of 2023(2) dt.25-07-2023 2/2 neighbor of the informant and informant's deposition copy has been filed with this petition as Annexure-2. Further submissions are that the petitioner has been languishing in jail since 24.02.2023 having fair and clean antecedent and as per FIR the alleged occurrence took place on 29.09.2019 but the FIR was lodged on 04.10.2019.

4. Learned APP Mr. Dinesh Singh appearing for the State opposes the prayer for bail.

5. Having regard to the facts and circumstances of this case, considering the above submissions and mainly victim's evidence as discussed above which goes against the allegations levelled by her in the FIR, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection with S.T. No. 06 of 2023 arising out of Mahila P.S. Case No. 140 of 2019.

(Shailendra Singh, J.) Maynaz/- U T