Ugandeo Paswan @ Ugendeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20214 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- BATH District- Bhagalpur ====================================================== UGANDEO PASWAN @ UGENDEO PASWAN Son of Hisabi Paswan Resident of Village-Paisraha, P.S.-Bath, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mahesh Paswan S/o- Late Gholati Paswan Vill-Paisraha PO-Karharia PSBath Dist-Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ambrish Jha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case No. 157 of 2023 arising out of Bath P.S. Case No. 78 of 2023 dated 12.07.2023 registered for the offence/s punishable u/s 366A/506 read with section 34 of the Indian Penal Code and section 4 of POCSO Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there was love affair between the

Patna High Court CR. MISC. No.20214 of 2024(6) dt.07-08-2024 2/2 petitioner and the victim. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she solemnized marriage with the petitioner at the temple in Jaipur. The victim was not forced or seduced to have illicit relationship with another person. There is no allegation of sexual assault against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with POCSO Case No. 157 of 2023 arising out of Bath P.S. Case No. 78 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T