Patna High CourtCR. MISC./21122/2024bail granted

Munna Paswan v. The State Of Bihar

2024-07-29Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21122 of 2024 Arising Out of PS. Case No.-152 Year-2017 Thana- DAWATH District- Rohtas ====================================================== Munna Paswan SON OF JAGNARAYAN PASWAN RESIDENT OF VILLAGE- KATHINAR, PS- NAWANAGAR, DISTT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Dawath P.S. Case No. 152 of 2017, registered for the offences punishable under Sections 363, 365, 366(A), 376(D), 354(B), 509, 120(B), 34 of the Indian Penal Code and Section 8 of POCSO Act and 66(c)(D) of I.T. Act.

3. As per allegation, co-accused Nitish Kumar took some photographs of the victim and established sexual relations with her. Co-accused, Hemant, a friend of Nitish, also established sexual relations with her. The allegation against the petitioner is that he was running a dance party and procured the victim from co-accused persons.

Patna High Court CR. MISC. No.21122 of 2024(4) dt.29-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the allegation of rape is not against the petitioner. The age of the victim has been ascertained in Medical Report from 18-19 years. His further submission is that co-accused Hemant Kumar against whom there is allegation of rape has been granted bail by a coordinate Bench. The petitioner is under custody since 07.11.2023 having no criminal antecedents.

5. Considering the above-mentioned facts and circumstances, clean antecedents as well as the period of incarceration, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District Judge, VIIth-cum-Exclusive Special Court, (POCSO) Act, Rohtas in connection with Dawath P.S. Case No. 152 of 2017 , subject to the following condition:- The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) SONALI/- U T