Patna High CourtCR. MISC./13407/2019bail granted

Binod Paswan v. The State Of Bihar

2019-04-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13407 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- MAHISHI District- Saharsa ====================================================== Binod Paswan Son of Sheevan Paswan R/o village- Majrahi, P.S- Mahishi (Jalai), District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== 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 Section 376 of the Indian Penal Code and Section 8 of POCSO Act.

Allegation is that the petitioner on false pretext of marriage, committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 1.6.2018 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case. On pretext of marriage, the petitioner established physical relationship with the victim. The said

Patna High Court CR. MISC. No.13407 of 2019(3) dt.18-04-2019 2/2 relationship was not accepted by the petitioner. Later on the petitioner refused to marry the victim. Hence the present case has been instituted. As per the medical report, there is no sign of rape.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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 Special Judge-cum-Additional Sessions Judge-1 at Saharsa in connection with POCSO case No.25 of 2018 corresponding to Mahishi (Jalai) P.S. case No.134 of 2018.

(Sudhir Singh, J) Narendra/- U T