Patna High CourtCR. MISC./5555/2018bail granted

Ram Jatan Paswan v. The State Of Bihar

2018-02-01Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5555 of 2018 Arising Out of PS.Case No. -250 Year- 2017 Thana -BARH District- PATNA ====================================================== Ram Jatan Paswan, Son of Anandi Paswan, Resident of Village- Gaubar, Dahrampur, Police Station- Barh, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gouranga Chatterjee, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 01.09.2017 in connection with Special Case No.136 of 2017 (Barh P.S. Case No.250 of 2017) registered for the offence under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

Learned counsel appearing on behalf of the petitioner submits that the entire allegation is palpably false and mischievous as contradictory versions have been found in the statements of the victim girl made under Section 164 Cr.P.C. and the story as made out in the F.I.R. It is further submitted that the medical report also does not support the

Patna High Court Cr.Misc. No.5555 of 2018 (2) dt.01-02-2018 2/2 allegation as made out in the F.I.R. as no sign of rape has been found.

Taking into consideration the contradictions available on record and that there is a serious cloud on the prosecution story, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned In-charge 1st Additional Sessions Judge-Cum-Special Judge, POCSO, at Patna, in connection with Special Case No.136 of 2017 (Barh P.S. Case No.250 of 2017).

(Anjana Mishra, J) PNM U T