Sanjiv Paswan @ Sanjeev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10678 of 2019 Arising Out of PS. Case No.-161 Year-2017 Thana- CHAKAND District- Gaya ====================================================== Sanjiv Paswan @ Sanjeev Paswan Son of Late Mishri Paswan Resident of Village - Bitho Sharif, P.S- Chakand, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376, 354(D), 509 of the Indian Penal Code as well as Section 67(A) of the Information Technology Act and Section 12 of POSCO Act.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application. A report was called for from the trial court. It has been reported that out of nine charge sheet witnesses, only one witness has been examined. There is no chance of trial being concluded in near future.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.12.2017 and has got no

Patna High Court CR. MISC. No.10678 of 2019(3) dt.18-04-2019 2/2 criminal antecedent. As per the F.I.R., it is evident that the victim was having consented physical relationship with the petitioner for the last more than six months. The allegation of preparing video clip of physical relationship by the petitioner is denied.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st-cum-Special Judge (POCSO Act), Gaya in connection with POCSO case No.98 of 2017 arising out of Chakand P.S. case No.161 of 2017.

(Sudhir Singh, J) Narendra/- U T