Ramrati Chandra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1359 of 2020 Arising Out of PS. Case No.-169 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ramrati Chandra Paswan, aged about 53 Years, Sex- Male, Son of Late Gajo Paswan, Resident of Village- Budholi Tola, Chak Diwan, Police Station - Sheikhpura, District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-05-2020 Heard Mr. Bipin Kumar, learned counsel for the petitioner and learned counsel for the State through video conferencing.
The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No. 169 of 2019 (POCSO Case No. 10 of 2019) registered for the offence punishable under Section 366A of the Indian Penal Code, 1860 and Section 8 of the POCSO Act.
The allegation against the petitioner as per the First Information Report is that on 06.04.2019 in the morning the daughter of the informant namely, Mogli Kumari, aged about 13 years, had gone to Bye-Pass road to collect some onions, but she did not return till 6 P.M. in evening. Upon search, it came to
Patna High Court CR. MISC. No.1359 of 2020(4) dt.29-05-2020 2/3 light that the daughter of the informant had gone with Pawan Kumar, S/o Ramrati Chandra Paswan (i.e. the petitioner). It has further been alleged that when the informant went to the house of the petitioner to enquire about his daughter the petitioner abused him.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged. Learned counsel further submits that from perusal of the First Information Report it would be evident that the daughter of the informant had eloped with the son of the petitioner. Learned counsel further submits that during the course of investigation it has come to light that the daughter of the informant was having love affair with the son of the petitioner and petitioner in his statement in paragraph no. 31 of the case diary has disclosed to the investigating authority that both were having love affair. Learned counsel further submits that petitioner is in custody since 28.07.2019.
Having heard learned counsel for the parties and taking into consideration the fact that petitioner is the father of one Pawan Kumar, with whom the daughter of the informant has allegedly eloped, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.1359 of 2020(4) dt.29-05-2020 3/3 Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Sheikhpura in connection with Sheikhpura P.S. Case No. 169 of 2019 (POCSO Case No. 10 of 2019).
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T