Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42029 of 2016 Arising Out of PS.Case No. -205 Year- 2016 Thana -NARPATGANJ District- ARRARIA ====================================================== Dinesh Paswan, S/o- Bikramlal Paswan, Resident of Village- Koshikapur, P.S.- Birpur, District- Supaul.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satish Kumar Giri, Advocate For the Opposite Party : Mr. Md. Ashlam Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Narpatganj (Basmatia) P.S. case no. 205 of 2016 registered for the offence punishable under Sections 341, 323, 354(B)/ 34 of the Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act, 2012.

Allegedly, the informant and others were cutting grass and then two boys came and started abusing the informant and further tried to outrage her modesty resulting the informant and others tried to flee away but they caught the informant and were trying to bring her in the field but due to alarm being raised, villagers came and the petitioner was caught who disclosed the

Patna High Court Cr.Misc. No.42029 of 2016 (2) dt.22-10-2016 2/2 name of one of his associate also.

Submission is of false implication and that the petitioner is suffering in custody since 17.07.2016. Charge-sheet has already been submitted and there is no chance of tampering with prosecution evidence, to which, the learned A.P.P. opposes. In the facts and circumstances stated above that there is no chance of tampering with prosecution evidence, the petitioner abovenamed is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, Araria in connection with Narpatganj (Basmatia) P.S. case no. 205 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from the privilege of bail.

(Jitendra Mohan Sharma, J.) rinkee/- U T