Patna High CourtCR. MISC./48548/2014bail granted

Rinku Paswan v. The State Of Bihar

2015-02-20Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.48548 of 2014 (2) dt.20-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48548 of 2014 Arising Out of PS.Case No. -64 Year- 2014 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rinku Paswan S/o Harilal Paswan Resident of Village Shikarpur, P.S. Sikta, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-02-2015 Heard the learned counsel for the petitioner and learned A.P.P. for the State.

At the very outset, the learned counsel for the petitioner submitted that by mistake, in the index page, the name of the petitioner has been typed as Pappu Yadav in place of Rinku Paswan. However, the correct name is typed in the first page of the cause title of the bail application.

The petitioner namely, Rinku Paswan is in custody since 14.08.2014 in Sikta P.S. Case No.64 of 2014 under Section 376, 511 and 380 I.P.C.

The learned counsel for the petitioner submitted that the only allegation against the petitioner is that he entered in the

Patna High Court Cr.Misc. No.48548 of 2014 (2) dt.20-02-2015 house of the informant in the night at 11 P.M. and caught the Sari of the wife of the informant and when hulla was raised, he took away Rs.9,700 from the pocket of the informant. The learned counsel for the petitioner submitted that it is not expected that a person will sleep in the night keeping Rs.9,700 in his pocket and that, the allegation is only that the petitioner caught the Sari of the informant. Moreover, both the parties have compromised and compromise application has been filed in the case in the court below.

Considering the above facts and circumstances of the case and the nature of allegation, I direct that the above named petitioner be released on bail on furnishing bail bond of Rs.5,000(Rupees five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Sikta P.S. Case No. 64 of 2014.

(Mungeshwar Sahoo, J) Saurabh/- U T