← Library
Patna High CourtCR. MISC./53908/2016allowed

Lal Babu Paswan @ Lalbabu Paswan v. The State Of Bihar

2017-01-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53908 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lal Babu Paswan @ Lalbabu Paswan Son of Singhal Paswan Resident of Village - Sarai Banwari, Police Station - Mehsi, District - East Champaran at Motihari.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mehsi P.S. Case No. 143 of 2015 registered under Sections 341, 342, 323, 324, 354(A), 354(C), 354(D), 363, 366, 504, 506/34 of the Indian Penal Code.

The accusation is that the accused Munchun Rai along with his three associates and the petitioner caught the informant when she went to call of nature. Thereafter, they tied her mouth, leg and hand with gamcha and rope and outrage her modesty giving threatening to kill her.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated

Patna High Court Cr.Misc. No.53908 of 2016 (3) dt.13-01-2017 2/2 in this case. The allegation of kidnapping and sexual assault is not made out against the petitioner. Further submission is that petitioner has got clean antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-VI, Motihari in connection with Mehsi P.S. Case No. 143 of 2015 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shail/- U T