Patna High CourtCR. MISC./234/2015bail granted

Bhikhari Paswan v. The State Of Bihar

2015-01-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.234 of 2015 Arising Out of PS.Case No. -132 Year- 2014 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Bhikhari Paswan .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner and learned counsel, appearing for the State.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 132 of 2014 registered under Sections-366(A), 506/34 of the Indian Penal Code. The petitioner is not named in the first information report but when the victim was recovered, her statement was recorded and the victim stated the name of the petitioner. The submission on behalf of the petitioner is that after institution of the present case, a complaint case bearing Complaint Case No. 698 of 2014 was filed by mother of FIR named accused, Kundan against the informant of the present case and others and in the aforesaid case, the petitioner was shown as witness and that is the reason of false implication of the petitioner in the present case because when the victim came in possession of the informant, the informant tutored her as a result thereof, the

Patna High Court Cr.Misc. No.234 of 2015 (2) dt.07-01-2015 2/2 victim stated the name of the petitioner.

Taking into consideration the above-said facts and circumstances as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest or surrender in the court below within four weeks from today, the petitioner named-above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ahiyapur P.S. Case No. 132 of 2014 to the satisfaction of Chief Judicial Magistrate, Muzaffarpur subject to conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T