Dharikshan Paswan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5894 of 2019 Arising Out of PS. Case No.-1560 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Dharikshan Paswan S/o Jamun Paswan Resident of Village - Dhanauli Near Deep Nagar Colony, P.O. Hajipur, P.S.- Hajipur Industrial area, Distt.- Vaishali ... ... Petitioner

Versus

1. The State of Bihar

2. Saguniya Devi W/o Surendra Paswan, Resident of Village - Dhanauli Near Deep Nagar Colony, P.O. Hajipur, P.S.- Hajipur Industrial area, Distt.- Vaishali ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 1560 of 2017 for the offence under Sections 323, 341, 354 and 379/34 of the Indian Penal Code. The petitioner allegedly entered into the house of the complainant and attempted to outrage her modesty. When she cried for help, her husband came, who was also assaulted by the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner and the husband of the complainant are agnates and he has been falsely implicated. He has also submitted that there is no chance of petitioner

Patna High Court Cr.Misc. No.5894 of 2019(2) dt.04-02-2019 2/2 interfering with the course of investigation and trial. Considering the aforesaid submission and the nature of accusation, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIIth, Vaishali at Hajipur in Complaint Case No. 1560 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T