Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55683 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== RAJESH PASWAN son of Late Rampujan Paswan Village- Sudama Nagar Ps- Bairiya Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sujeet Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 420, 376, 341, 323, 353, 504, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, co-accused Jhunna Kumar Paswan had established physical relationship with the married informant and later on he performed married with informant. It is further alleged that after some days, petitioner marriage was fixed elsewhere and he, his mother and petitioner assaulted the informant and ousted her from their house.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is a case of love affair followed by

Patna High Court CR. MISC. No.55683 of 2023(3) dt.13-10-2023 2/2 consensual physical relationship between co-accused Jhunna Paswan and the informant. The petitioner is brother-in-law of the co-accused Jhunna Paswan and no any specific over-act attributed against him. Moreover, main accused Jhunna Paswan has already been enlarged on bail granted by this court vide order dt. 22.9.2023 passed in Cr. Misc. No. 58692 of 2023. The petitioner has got no criminal antecedent and languishing in custody since 23.5.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Bettiah Mahila P.S. Case No. 28 of 2023.

(Sunil Kumar Panwar, J) Amandeep/- U T