Patna High CourtCR. MISC./48073/2016bail granted

Indal Paswan @ Indra Paswan v. The State Of Bihar

2016-12-13Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48073 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -MAHILA PS District- GAYA ======================================================

1. Indal Paswan @ Indra Paswan son of Ramchandra Paswan Resident of Vill-Charoti, PS- Arwal, District- Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-12-2016 Heard the Counsel for the petitioner and Mr.Dayal, APP for the State.

Petitioner prays for grant of anticipatory bail in Gaya Mahila P.S. Case No. 30 of 2015 (S.Tr. No. 46 of 2016/180 of 2016) registered under Section 376/34 of the Indian Penal Code. The victim lodged the case against her father and a neighbour. It further appears that the victim is cousin sister of the wife of the petitioner who gave moral support to her in lodging the case against the atrocities perpetrated on her by her father. The Police upon investigation submitted charge-sheet against the father of the informant. Be it noted that the statement of the victim was also recorded under Section 164 Cr.P.C.(Annexure-2) wherein she has narrated the incident naming the accused persons named in the F.I.R. The help given out to her by the family of the petitioner has

Patna High Court Cr.Misc. No.48073 of 2016 (2) dt.13-12-2016 2/2 also been stated by her. It is submitted that the learned Court below has recently taken cognizance against the petitioner as well and directed for issuance of warrant and hence the apprehension. Considering the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Addl. Sessions Judge, Gaya in S.Tr. No. 46 of 2016/180 of 2016 (arising out of Gaya Mahila P.S. Case No. 30 of 2015) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further condition that one of the bailers shall be the own/close family members of the petitioner.

(Kishore Kumar Mandal, J) Pankaj/- U T