Patna High CourtCR. MISC./54254/2015bail granted

Pravin Paswan v. The State Of Bihar

2016-02-12Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54254 of 2015 Arising Out of PS.Case No. -221 Year- 2014 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Pravin Paswan Son of Rj Kishore Paswan Resident of Village Bakuchi, P.s Katra, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Aurai P.S. Case No.221 of 2014 (G.R. Case No.50/2014), registered for the offence under Sections 395/376(2)(g) of the Indian Penal Code as well as under Section 4/6 of the P.O.C.S.O. Act.

Learned counsel for the petitioner submits that except confessional statement of co-accused there is no evidence against the petitioner. He further submits that the petitioner has not been put to T.I. parade and the petitioner has no criminal antecedent. Learned counsel for the State submits that except confessional statement of co-accused there is material in the First

Patna High Court Cr.Misc. No.54254 of 2015 (3) dt.12-02-2016 2/2 Information Report itself where it is mentioned that during the occurrence the accused persons were calling the name of Pravin i.e. present petitioner.

However, learned counsel for the petitioner submits that during the occurrence the accused persons were addressing one of their colleagues as Pravin and merely calling the name of Pravin is not sufficient material to connect the petitioner with the crime.

Having regard to the fact that the petitioner has neither been identified nor has been put on T.I. parade and the petitioner is in jail since 09.09.2015, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10, 000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge, P.O.C.S.O., Muzaffarpur, in connection with Aurai P.S. Case No.211 of 2014 (G.R. No.50/2014).

(Gopal Prasad, J) pawan/- U