Patna High CourtCR. MISC./15025/2016bail granted

Kamleshwar Paswan @ Kamleshwar Kumar v. The State Of Bihar

2016-05-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15025 of 2016 Arising Out of PS.Case No. -476 Year- 2014 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Kamleshwar Paswan @ Kamleshwar Kumar Son of Kuldeep Paswan Resident of village - Rampur Chakoli, P.S. Mahua, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 25.01.2016 passed in Criminal Misc. No.44723 of 2015 but liberty was given to him to renew his prayer for bail after examination of the victim in trial . Learned counsel for the petitioner submits that the victim has already been examined as prosecution witness no. 2 in course of trial and in her deposition, she has not supported the prosecution case rather she has stated nothing against the petitioner. It is also submitted that the informant has also been examined in course of trial and accepted that he has lodged the present case on the basis of information given by one unknown

Patna High Court Cr.Misc. No.15025 of 2016 (2) dt.18-05-2016 2/2 person.

It appears that neither informant nor victim has supported the prosecution case in course of trial. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 1st cum Special Judge (POCSO Act), Vaishali at Hajipur in connection with Mahua P.S.Case No. 476 of 2014.

(Hemant Kumar Srivastava, J) N.K/- U T