Patna High CourtCR. MISC./81958/2023allowed

Sanjay Paswan v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81958 of 2023 Arising Out of PS. Case No.-379 Year-2019 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Sanjay Paswan Son Of Arjun Paswan R/O Village- Boargaon Dariyapur, P.S.- Sajour, District- Bhagalpur ... ... Petitioner/s

Versus

The State Of Bihar 2.

Sabita Devi Wife Of Medi Paswan R/O Village- Boargaon Dariyapur, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 354(B), 448 and 504 of the Indian Penal Code.

3. Allegation against the petitioner is that he outraged the modesty of the complainant when she along with her children was sleeping in her house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Both are neighbour and there is some dispute which was going on between both the

Patna High Court CR. MISC. No.81958 of 2023(2) dt.20-12-2023 2/2 parties. There is case and counter case between both of them. Petitioner has not committed any physical wrong with the complainant. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 379 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bhagalpur.

(Sunil Kumar Panwar, J) Shubham/- U T