Kamal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23164 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -AKBARPUR District- NAWADA ====================================================== Kamal Paswan Son of Ashok Paswan, Resident of Village- Thera Sarai, P.S.- Warsaliganj, District- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha and Ashok Kumar For the Opposite Party/s : Sri Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Akbarpur P.S. Case No. 33 of 2017 registered under Sections 341, 307, 376, 511/34 of the Indian Penal Code and section 6 of the POCSO Act. The accusation of the informant is that on 19.02.2017 at about 8:30 P.M., he was going to natural call and at that time, this petitioner along with three unknown persons caught her with bad intention and tried to carry her forcibly at his house. She protested and raised alarm then the villagers came there and seeing them the petitioner and his associates fled away from there. Learned counsel for the petitioner submits that in fact, the informant and petitioner are villagers of same village and due

Patna High Court Cr.Misc. No.23164 of 2017 (2) dt.18-05-2017 2/2 to personal grudge and enmity, the occurrence took place in which the slight injury was received by the informant which was found simple in nature and this petitioner also sustained injury regarding which Akbarpur P.S. Case No. 34 of 2017 has been instituted against the father of the informant and due to ulterior motive, this false case has been filed against the petitioner. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Nawada in connection with Akbarpur P.S. Case No. 33 of 2017, subject to the condition that out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Mahesh/- U T