Suraj Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.48367 of 2014 (2) dt.20-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48367 of 2014 Arising Out of PS.Case No. -11 Year- 2014 Thana -DEO District- AURANGABAD ====================================================== Suraj Paswan, son of Satyanarayan Paswan, resident of Village- Pachokhar, P.S. Deo, District- Aurangabad (Bihar).

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.51991 of 2014 Arising Out of PS.Case No. -11 Year- 2014 Thana -DEO District- AURANGABAD ====================================================== Jai Prakash Paswan, Son of Satendra Paswan, resident of VillagePachokhar, Police Station- Deo, District- Aurangabad. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

(In Cr.Misc. No.48367 of 2014) For the Petitioner : Mr. Leelawati Kumari, Advocate. For the Opposite Party : Mr. Renuka Ratnakar, A.P.P. (In Cr.Misc. No.51991 of 2014) For the Petitioner : Mr. Kamlendra Pd. Singh, Advocate. For the Opposite Party : Mr. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-02-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Two bail petitions are being heard together and disposed off by common order as two cases arise in connection with Deo P.S. Case No. 11 of 2014 registered under Section 376(D) of Indian Penal Code as well as Section 4/8 of POCSO Act. It is submitted that petitioner, namely, Suraj Paswan, in Cr. Misc. No. 48367 of 2014 has neither named in the First Information Report nor the victim has named this petitioner in her statement recorded under Section 164 of Cr.P.C. whereas

Patna High Court Cr.Misc. No.48367 of 2014 (2) dt.20-02-2015 petitioner, namely, Jai Prakash Paswan has been named in the First Information Report as well as statement of the victim recorded under Section 164 Cr.P.C.

Having regard to the facts and circumstances of the case, the above named petitioner, namely, Suraj Paswan in Cr.Misc. No. 48367 of 2014, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Deo P.S. Case No. 11 of 2014. So far, petitioner, namely, Jai Prakash Paswan, in Cr. Misc. No. 51991 of 2014 is concerned, I am not inclined to grant bail to this petitioner. Accordingly, his prayer for bail is hereby rejected.

m.p.

(Gopal Prasad, J) U T