IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17876 of 2010 RABAN PASWAN @ RAWAN PASWAN, son of Binodi Paswan, resident of village – Chamandi Asthan, Adarsh Tola, P.S. – Muffasil, District – Munger. ---------------- Petitioner. Versus THE STATE OF BIHAR -------- Opposite Party. ------- 02. 27.05.2010 Heard learned counsel for the petitioner and State. Petitioner is one of the named accused in Muffasil Munger P.S. Case No. 200/2007 for offences under Sections 376/120B/420 of the Indian Penal Code based on Complaint Case No. 896(C)/2007. But as submitted, police after investigation submitted final form, however, taking different view, cognizance was taken for the offences, the petitioner is in custody since 05.04.2010, happens to be village choukidar, carries allegation of being association of the persons having evil eyes upon the lady complainant who anyhow successfully escaped from their clutches, to the date of occurrence when other named accused persons trespassed in the night in her house and one by one committed rape upon her at the pistol point in presence of her two children and thereafter left the place on taking assurance that not to report about the occurrence to anyone. Complainant informant while she was going to lodge case before the police, the petitioner came into picture and caused obstructions in different way and thereafter taking the relevant evidence i.e. cloths of the victim in his possession and got the same burnt. - 2 - It is submitted that informant and her husband both have made statements in favour of the petitioner giving him clean chit. Considering the facts and circumstances of the case, petitioner, namely, Raban Paswan @ Rawan Paswan, is directed to be released on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st Class, Munger, in connection with Munger Muffasil P.S. Case no. 200/2007. Only in the event of informant appearing before the court below on due identification making statement of giving clean chit to the petitioner with her free will and consent without any coercion and her husband being one of the bailers. Subject to additional condition to attend the court on each and every date at least for two years or till disposal of the case whichever is earlier, on failure on two consecutive dates, the privilege granted shall be deemed to be cancelled. Copy of this order be sent by Fax at the cost of the petitioner. Rajeev/ (Akhilesh Chandra, J.)