Karu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61672 of 2019 Arising Out of PS. Case No.-523 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== KARU PASWAN Son of Late Battan Paswan Resident of Village- Kaneri, P.S.- Jagdishpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandani Devi W/o Karu Paswan Resident of Village- Kaneri, P.S.- Jagdishpur, District- Bhagalpur.

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

For the Petitioner/s :

Mr.Ganesh Sharma, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP For O.P. No. 2 :

Mr. Ranjan Kumar Jha, Adv.

Mr. Mrityunjay Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-02-2020 The petitioner seeks regular bail in connection with Complaint Case No. 523 of 2016, registered for offences punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is of commission of rape upon the complainant.

It has been submitted on behalf of the petitioner that in this Gotani of the complainant has been examined and on query of the court below, she has categorically stated that as the petitioner was a drunkard and used to misbehave, as such present case has been lodged. Further submission is that petitioner is elder berother in law of the complainant and has

Patna High Court CR. MISC. No.61672 of 2019(4) dt.06-02-2020 2/2 falsely been implicated in this case and has been in judicial custody since 01.07.2019.

Heard learned as well as learned counsel for the complainant, they have opposed the prayer for bail. Having heard both sides, in view of the submissions as above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XI, Bhagalpur, in connection with Complaint Case No. 523 of 2016, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T