Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72330 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Mukesh Paswan Son Of Ajay Paswan Resident Of Village - Kathari, P.S. - Asthawan, District - Nalanda ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate :

Mr. Ram Murti, Advocate :

Mr. Niranjan Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 417, 376 and 406 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner is said to have sexually extorted the informant by giving proposal of marriage. He has taken Rs.3,00,000/- from the informant and denied for marriage.

4. 4. Learned counsel for the petitioners submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is love affairs between the parties hence, no offence under Section 376 of Indian Penal

Patna High Court CR. MISC. No.72330 of 2023(2) dt.30-11-2023 2/2 Code is made out against the petitioner. He submits that there is compromise between the parties and he enclosed the compromise petition annexure-3 of the bail application. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Asthwan P.S. Case No. 154 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

(Anjani Kumar Sharan, J) ajay/- U T