Ashok Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.61501 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61501 of 2018 Arising Out of PS.Case No. -196 Year- 2018 Thana -WARISNAGAR District- SAMASTIPUR ======================================================

1. Ashok Paswan, Son of Late Rameshwar Paswan, Resident of VillageManiyarpur, Police Station-Kalyanpur, District Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2018 Heard both sides.

The petitioner seeks bail in Warisnagar P.S. Case No.196 of 2018 registered under Sections 354(A), 376, 406, 420 and 506 of the Indian Penal Code.

The prosecutrix alleged that the petitioner who is working in the Head post office, Samastipur demanded Rs.2 lacs for providing job. The informant paid Rs.2 lacs but job was not provided to the informant and petitioner is alleged to have sexually exploited her.

The learned counsel for the petitioner submits that all the allegations are false and concocted. On account of some petty dispute, the petitioner has falsely been implicated in the case. The informant is aged about 25 years. She did not complain of sexual

Patna High Court Cr.Misc. No.61501 of 2018 (2) dt.06-10-2018 harassment immediately after the occurrence. The informant pressurized the petitioner to provide job and when the petitioner showed his inability to provide job to her, the informant lodged this case. The medical examination does not support the case of the prosecutrix about sexual exploitation.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that the prosecutrix herself alleged that the petitioner did not provide her job and physically exploited her although the medical report does not support the version of prosecutrix with regard to sexual exploitation, the petitioner, above named, is directed to be enlarged 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, Samastipur in connection with Warisnagar P.S. Case No.196 of 2018. (Prabhat Kumar Jha, J) Saurabh/- U T