In a bail matter arising from rape and abduction charges, the High Court released the petitioner on bail by furnishing a bond and two sureties, conditionally present for trial, noting the victim's statement deviation.
Release on bail with Rs. 10,000 bond and two sureties subject to attendance conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49943 of 2012
| ====================================================== Kanhaiya Kumar Paswan S/O Late Nand Lal Paswan R/O Village - Terhi Musahari, P.S. Forbesganj, District - Araria .... .... Petitioner/s Versus The State of Bihar |
|---|
| .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER |
| 02. 16-01-2013 Heard learned counsel appearing on behalf of the petitioner |
| and learned Additional Public Prosecutor for the State. |
The petitioner is in custody in connection with Sessions Trial No. 310 of 2012 arising from Forbesganj P.S. Case No. 38 of 2011 registered for offence punishable under Sections 366A and 376/34 of the Indian Penal Code.
Allegation against this petitioner alongwith some other is of abducting the informant who is stated to be a minor girl of 14 years and committing rape on her. The name of the petitioner has been specifically mentioned by the informant. Considering the circumstances the prayer of this petitioner was considered and rejected by order dated 04.08.2011 passed in Criminal Misc. No. 20107 of 2011.
Learned counsel for the petitioner while renewing the prayer has relied upon the statement of the victim girl present at
Patna High Court Cr.Misc. No.49943 of 2012 (2) dt.16-01-2013
2
Annexure-4 series to submit that there is a complete deviation in the statement made by the informant during the course of deposition than what has been stated by her in the ferdbeyan. It is further submitted that the petitioner has a clean antecedent and in the aforesaid circumstances he is in custody since 25.08.2011.
Regard being had to the submissions of learned counsel and the period of custody, let the petitioner Kanhaiya Kumar Paswan be released on bail on furnishing bail bonds of Rs. 10,000/(rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Ad hoc Additional Sessions Judge-4th, Araria in connection with Forbesganj P.S. Case No. 38 of 2011, Sessions Trial No. 310 of 2012 subject to the condition that the petitioner shall be personally present before the trial court on each and every date fixed in the trial and the failure of the petitioner to attend the trial on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial court would entitle the court concerned to cancel his bail bonds and to take him into custody.
(Jyoti Saran, J)
S.Sb/-
1 issue framed by the court
Whether the petitioner is entitled to releasement on bail considering his custody period and deviation in victim statement.
Kanhaiya Kumar Paswan
The State of Bihar
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
