Navin Raswan @ Navin Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63420 of 2019 Arising Out of PS. Case No.-915 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== NAVIN RASWAN @ NAVIN PASWAN S/o Dinesh Paswan R/o villageChhit Bhagwatipur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 384 and 376 of the Indian Penal Code, registered in connection with Ahiyapur P.S.Case No. 915 of 2019.
3. It is submitted that the petitioner has been falsely implicated on the accusation of having taken away the mobile phone of the informant along with cash and ornament which is mere embellishment. The thrust of accusation is against co-accused Rakesh Paswan @ Rakesh Kumar, who is said to have established physical relationship with her on the assurance of marriage, but subsequently resiled from his promises. It is, therefore,
Patna High Court CR. MISC. No.63420 of 2019(2) dt.21-10-2019 2/3 submitted that ingredients of the offences alleged are not attracted against the petitioner, who claims clean antecedents.
4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S.Case No. 915 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.63420 of 2019(2) dt.21-10-2019 3/3 (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) HR/- U T