Amrendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68391 of 2024 Arising Out of PS. Case No.-282 Year-2023 Thana- MEHANDIA District- Jehanabad ====================================================== Amrendra Paswan S/o Gorakh Paswan Resident of Mehandia, P.S Mehandia, Distt. - Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Singh, Adv For the Opposite Party/s :
Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sessions Trial No. 110/24/24/2024 arising out of Mehandia P.S Case No. 282 of 2023 registered for the offences punishable under Sections 376D/504/34, 506/34 of the Indian Penal Code and 66(c)/67 of I.T. Act 2000.
3. As per allegation in the FIR, informant was returning from Naiher and she departed from auto near village Madella on NH 139 from where Naresh Choudhary and Amrendra Paswan who forcibly taken her in the bush and committed rape. In the meantime, Amrendra Paswan made a video of the occurrence and threatened her that if she will tell
Patna High Court CR. MISC. No.68391 of 2024(3) dt.31-01-2025 2/3 anyone about the occurrence, he would viral the video.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that no such type of video clip was recovered or found. He further submits that the present case has been lodged after a delay of 8 months and no plausible explanation of delay has been mentioned. During investigation, no person/witness has supported the allegation of rape leveled against both the accused persons. It is also submitted that petitioner is in judicial custody since 03.12.2023. He further submits that other co-accused has been granted bail vide order dated 31.07.2024 in Cr. Misc. No. 34587 of 2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated 23.08.2024 as well as the fact that no such type of video clip recovered or found and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named 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 learned
Patna High Court CR. MISC. No.68391 of 2024(3) dt.31-01-2025 3/3 Additional District and Sessions Judge-1, Jehanabad in connection with Mehandia P.S Case No. 282 of 2023. (Ramesh Chand Malviya, J) Sunnykr/- U