Baiju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10305 of 2025 Arising Out of PS. Case No.-79 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Baiju Paswan Son of Shambhu Paswan Resident of Village- Tapsi, P.S.- Mufassil, District- Gaya, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Kumari Daughter of Surajdeo Yadav Resident of Village- Tapsi, P.S.- Mufassil, District- Gaya, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case No. 79 of 2024 dated 29.01.2024 registered for the offences punishable under Sections 341, 323, 354B, 504, 506 read with Section 34 of the Indian Penal Code and Section 8 & 12 of the PCOSO Act.

3. As per the prosecution case, the petitioner is alleged to have taken the victim to the field of Arhar after catching her legs, the co-accused Niranjan Paswan @ Vihar Paswan pressed the mouth of the victim and the co-accused Sintu Kumar caught hold of her breast and tried to molest the victim.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.10305 of 2025(2) dt.19-04-2025 2/2 the petitioner is innocent and has falsely been implicated in this case. There is no specific overt act attributed against the petitioner rather the specific allegation of outraging the modesty of the informant is against the co-accused, Santu Paswan. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.01.2025. The co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 01.07.2024 passed in Cr. Misc. No. 47586 of 2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Mufassil P.S. Case No. 79 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T