Sushil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49148 of 2018 Arising Out of PS. Case No.-87 Year-2015 Thana- TIKAPATTI District- Purnia ====================================================== Sushil Paswan, S/o Late Yogendra Paswan, resident of Village - Bairiya, P.S. - Tikapatti, District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP-16 For the Informant :

Mr. Satya Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Section 3 of Prevention of Children from Sexual Offence Act.

Submission is that for property dispute the informant, who is a full brother of the petitioner suspects that the petitioner has ravished his daughter. Further submission is that statement of the victim is there in para 83 of the case diary, wherein she has not alleged any offence committed by anyone against her. Moreover, the parties have entered into compromise.

Patna High Court Cr.Misc. No.49148 of 2018(3) dt.06-11-2018 2/2 Learned counsel for the informant submits that in fact the parties have entered into compromise. Considering the entire facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No.37 of 2015, arising out of Tikapatti Police Station Case No.87 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) abhishek/- U T