Patna High CourtCR. MISC./54839/2022bail granted

Lalit Paswan v. The State Of Bihar

2023-03-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54839 of 2022 Arising Out of PS. Case No.-140 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== LALIT PASWAN LATE SIPAHI PASWAN Resident of Village- Bokantri, P.S.- Sikty, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Mahila P.S. Case No. 140 of 2019, registered for the offences punishable under Sections 447, 376, 506/34 of the Indian Penal Code.

As per allegation, three accused persons, including the petitioner entered into the house of the prosecutrix. Co-accused Navin Kumar Paswan committed rape upon her. The allegation against the petitioner is that he threatened the prosecutrix not to make hue and cry. Co-accused Navin Kumar Paswan was apprehended at the spot and was handed over to the police. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.54839 of 2022(4) dt.13-03-2023 2/2 that there is no allegation against the petitioner to commit rape upon the victim. He was not arrested at the spot and he is under custody since 20.07.2022.

Considering the above-mentioned facts and circumstances as well as the period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Mahila P.S. Case No. 140 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T