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Patna High CourtCR. MISC./56962/2023allowed

Niraj Kumar Paswan @ Neeraj Kumar Paswan v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56962 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- AMBA District- Aurangabad ====================================================== Niraj Kumar Paswan @ Neeraj Kumar Paswan S/O Ramjanam Paswan R/O Village-Chilhaki, Amba, P.S.-Amba, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 341, 323, 307, 325, 354(A), 354(D), 376, 511, 34 of the Indian Penal Code.

It is alleged against the petitioner and two others that they made an attempt to ravish the daughter of the informant and when they failed to do so, they pushed the victim from the roof-top, as a result of which, she sustained fractured injuries on leg and waist. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.56962 of 2023(5) dt.12-01-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant's daughter sustained injuries in an accident by slipping from the roof-top. The victim in her deposition before the Trial Court has not supported the case of the prosecution and she denied the allegations as levelled against the petitioner in the F.I.R. A supplementary affidavit to that effect, annexing the deposition of the victim as Annexure-P/2 has been brought on record. The petitioner is languishing in custody since 04.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.56962 of 2023(5) dt.12-01-2024 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 57 of 2023.

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