Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11927 of 2019 Arising Out of PS. Case No.-311 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== Guddu Paswan Son of Late Ram Bihari Paswan Resident of Village - Brahampur, P.S.- Brahampur, Distt.- Buxar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumant Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 365, 354(A), 354(B), 354(D), 509 of the Indian Penal Code and Section-12 of the POCSO Act.

Prosecution case in short is that the accused persons got smell the informant and her sister as a result of which, they became unconscious and thereafter, they were taken by a tempo. It is alleged that when they regained consciousness, the accused persons outraged their modesty.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-12-2018. Charge sheet has

Patna High Court CR. MISC. No.11927 of 2019(4) dt.30-07-2019 2/2 already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The other co-accused with similar allegation have been granted bail by coordinate benches of this court vide orders dated 06-10-2018 passed in Cr. Misc. Nos. 56108 of 2018 and 59547 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 Addl Sessions Judge-Ist-cum-Spl. Judge, Buxar, POCSO in connection with Brahampur P.S. Case No. 311 of 2018. (Sudhir Singh, J) A.K.V.//- U T