Bhim Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44911 of 2023 Arising Out of PS. Case No.-353 Year-2017 Thana- BARH District- Patna ====================================================== BHIM PASWAN SON OF RAMASHRAY PASWAN R/O VILLAGEWARD NO. 9, ATNAUWAN, PS. BARH, DIST. PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Matloob Rab, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 376 of the Indian Penal Code.
3. Allegedly, petitioner is said to have committed rape with the informant when her husband was not at home.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is false and concocted. It is further submitted that after the investigation, police has filed the final form against the petitioner, but the learned Court
Patna High Court CR. MISC. No.44911 of 2023(2) dt.23-08-2023 2/2 below differing from the final form took cognizance against the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as the police has filed final form against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barh P.S. Case No. 353 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T