Subodh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51960 of 2014 Arising Out of PS.Case No. -131 Year- 2014 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Subodh Paswan S/o Raja Ram Paswan R/o village - Phulwaria, P.S. Baruraj and the District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Shankar Prasad Yadav For the Opposite Party/s : Mr. Dr.Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 376 and 511 of the I.P.C and sections 8, 10 and 12 of the POCSO Act.

Allegedly the petitioner used to tease the informant and on the day of occurrence the petitioner being entered into her house tried to outrage her modesty, but due to alarm being raised the local people came and caught hold the petitioner. During the course of investigation the witnesses have supported the allegation and accordingly charge sheet has been submitted. Submission is of false implication and that father of the informant has negotiated to marry his daughter with the

Patna High Court Cr.Misc. No.51960 of 2014 (4) dt.03-03-2015 2/2 petitioner but due to failure of that negotiation this false case has been lodged and now the petitioner by remaining in custody since 27.08.2014 has been sufficiently penalized.

In the facts and circumstances as stated above, considering detention of the petitioner now he 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 Special Judge POCSO at Muzaffarpur in Tr. No. 16 of 2014 arising out of Baruraj P.S. Case No. 131 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T