Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3438 of 2019 Arising Out of PS. Case No.-377 Year-2018 Thana- FALKA District- Katihar ====================================================== Dharmendra Paswan, son of Kala Nand Paswan, Resident of Village-Fuldovi, P.S. Falka, Dist- Katihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Falka P.S. Case No. 377 of 2018, registered for the offence punishable under Sections 341, 323, 354, 354B, 504 and 506/34 of the Indian Penal Code and under Section 12 of the POCSO Act, 2012.

Allegation has been made that the victim-girl had gone for natural call and while she was returning the petitioner tried to outrage her modesty.

Learned counsel for the petitioner submits that the present case has been lodged after three months of the incident.

Patna High Court Cr.Misc. No.3438 of 2019(2) dt.25-01-2019 2/2 Looking to the aforesaid facts, let the petitioner, namely, Dharmendra Paswan, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.D.J. 1st -cum- Special Judge, Katihar, in connection with Falka P.S. Case no. 377 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) pawan/- U T