Patna High CourtCR. MISC./30131/2016bail granted

Pinku Paswas @ Pinku Paswan v. The State Of Bihar

2016-10-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30131 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -TARABARI District- ARRARIA ====================================================== Pinku Paswas @ Pinku Paswan, son of Mahendra Paswan, Resident of village- Khamgara tola, Majhua, P.S.- Tarabari, Dist- Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 02.02.2016 in a case, initially, registered for the offences punishable under Sections 376, 302/34 of the Indian Penal Code but after investigation, police submitted charge sheet for the offences punishable under Sections 302/34 of the Indian Penal Code. In the first information report, the informant levelled allegation against the petitioner that petitioner wanted to establish physical relation with deceased and on the alleged date of occurrence, he having entered into the room of deceased made attempt to commit rape on her and when deceased raised alarm, her in laws came there and with the help of petitioner they

Patna High Court Cr.Misc. No.30131 of 2016 (3) dt.04-10-2016 2/2 committed the murder of the deceased but in course of investigation, it came to light that deceased had illicit relation with petitioner which caused annoyance to her in laws as a result whereof she was killed by her in laws.

Petitioner happens to be cousin brother in law of the deceased and the allegation of rape has been found untrue by the investigating officer in course of investigation. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Raghubansh Narayan, A.C.J.M. III, Araria in connection with Tarabari P.S. Case No. 02 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T