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Patna High CourtCR. MISC./614/2024allowed

Pramod Paswan v. The State Of Bihar

2024-01-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.614 of 2024 Arising Out of PS. Case No.-497 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Pramod Paswan, S/O Ram Varun Paswan, R/O Village - Sangrampur Hatharua, Ps Patori, District - Samastipur (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Patory P.S. Case No. 497 of 2023 for the offence registered under Sections 447, 448, 341, 323, 307, 354 (B), 504, 506/34 of the I.P.C.

3. Allegation against the petitioner is of trying to commit rape with the wife of informant and on objection raised by the informant, petitioner came again along with 4-5 unknown persons and assaulted the informant and his brother with iron rod causing injury to brother of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. Both the parties are co-villagers and due to

Patna High Court CR. MISC. No.614 of 2024(2) dt.29-01-2024 2/2 political rivalry, informant falsely implicated the petitioner in this case. No injury has been caused by the petitioner and there is delay of three days in lodging the FIR without any explanation. Petitioner has no criminal antecedent and languishing in jail custody since 21.10.2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, 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 concerned court below in Patory P.S. Case No. 497 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T