Jasindra Paswan @ Dasindra Paswan @ Dashendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 57587 of 2024 Arising Out of PS. Case No.-140 Year-2024 Thana- KHAJANCHI HAT District- Purnia ====================================================== Jasindra Paswan @ Dasindra Paswan @ Dashendra Paswan, Son of Iswari Paswan, Resident of Village - Maranga, P.S. - K. Hat, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar, Advocate For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with K. Hat P.S. Case No.140 of 2024, registered for the offences punishable under Sections 363, 376, 323, 324, 341 and 386/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner's son, namely, Vikram Paswan, who is co-accused in the FIR, has forcibly put a garland in the neck of the victim/informant and committed sexual wrong with the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that the only allegation against the petitioner is that the victim/informant has alleged in the present
Patna High Court CR. MISC. No. 57587 of 2024(2) dt.04-09-2024 2/3 FIR that he had refused to consider her as his daughter-in-law. The main allegation is against co-accused Vikram Paswan. The petitioner has clean antecedent and he has no concern with the offence as alleged in the FIR.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties and taking into consideration the fact that the son of the petitioner is the main accused against whom there is allegation of forcibly putting the garland in the neck of the victim/informant and thereafter, committing sexual wrong with her, the petitioner being father of the co-accused, namely, Vikram Pawan, who is the main accused, I am inclined to grant pre-arrest bail to the petitioner in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea/concerned court, in connection with K. Hat P.S. Case No.140 of 2024 subject to conditions as laid down under Section 438(2) of the Cr.P.C.
7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the
Patna High Court CR. MISC. No. 57587 of 2024(2) dt.04-09-2024 3/3 petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/durgesh U T