Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45704 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

Dinesh Paswan, Son of Natho Paswan, Resident of Village - Sheori, P.S.- Manjhaul, Distt - Begusarai.

2.

Saurav Kumar, Son of Rohit Paswan @ Rohin Paswan, Resident of Village - Maheshwara, P.S.- Naokothi, Distt - Begusarai. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 This is an application for grant of anticipatory bail in connection with Naokothi P. S. Case No. 23 of 2019, disclosing offences under Sections 457, 354B, 504, 506, 34 of IPC. As per F.I.R. petitioners have entered inside the house of the complainant while pulling her saree tried to outrage her modesty. On hulla, they fled away from the spot. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case, as earlier the mother-in-law of the petitioners has saw the complainant in objectionable condition with some other person and as such, the present case has been lodged against them. It has further been submitted that no any witness has stated that he saw the informant in naked condition.

Patna High Court CR. MISC. No.45704 of 2019(4) dt.05-11-2019 2/2 Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail of the petitioners on the ground that witnesses have also supported the prosecution case, as they have stated that on Hulla they saw that two persons fleeing away, but they could not identify them.

Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioners. However, they have to surrender and pray for regular bail before the learned court below, the same shall be considered on its own merit.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T