Arvind Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71242 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- SABAUR District- Bhagalpur ======================================================

1. Arvind Paswan,

2. Sanjeev Paswan,

3. Dhurkheli Paswan @ Dhurkeli Paswan All Sons of Ram Dayal Paswan, Resident of Village Sultanpur Bhitthi, P.S.- Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2019 The petitioners seek bail in anticipation of their arrest in connection with Sabour P.S. Case No. 210 of 2018 dated 03.07.2018 instituted for the offences under Sections 448, 341, 376, 323, 354, 504, 506, 379, 34 of the Indian Penal Code.

The prosecutrix has alleged that while her parents were away, one Madan Paswan forcibly committed rape on her. When this matter was narrated by her to her mother, she went to the house of aforesaid Madan Paswan to lodge the complaint. Later, it is alleged that the petitioners who are the cousins of aforesaid Madan Paswan assaulted the mother of the prosecutrix and also divested her of her ornaments

Patna High Court Cr.Misc. No.71242 of 2018(3) dt.09-01-2019 2/3 which she was wearing.

The learned counsel for the petitioners has submitted that the accusation of sexual misdemeanor is against Madan Paswan and petitioners have been made accused in this case because they are directly related to the aforesaid Madan Paswan. That apart, it has been submitted that the prosecutrix in her 164 Cr.P.C. statement has changed the story and has stated that the petitioners assaulted her mother when she had gone to the house of Madan Paswan. Be it noted that in the F.I.R, it was alleged that after lodging the complaint, the mother of the prosecutrix had come back home and thereafter, after some time, the petitioners and others came and assaulted her. Regard being had to the aforesaid facts, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.71242 of 2018(3) dt.09-01-2019 3/3 Xth, Bhagalpur in connection with Sabour P.S. Case No. 210 of 2018, subject to the conditions laid down under Section 438 (2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T