Patna High CourtCR. MISC./18589/2023bail granted

Deena Paswan v. The State Of Bihar

2023-07-21Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18589 of 2023 Arising Out of PS. Case No.-483 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== Deena Paswan, Son Of Mantu Paswan R/O Simra, Siri Pur, P.S.- Khizersarai, District - Gaya, Bihar ... ... Petitioner/s

Versus

The State of Bihar 2.

Ram Nandan Paswan, Son of Late Ramotar Paswan R/O Simra, P.S.- Belaganj, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Uday Pratap Singh Mr. Avind Kumar Singh Mr. Mukul Jee ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 354(A)/504, 506/ 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the petitioner along with Dharamveer Paswan intercepted his daughter while she was coming back from school on 03.09.2022 and molested her.

Patna High Court CR. MISC. No.18589 of 2023(3) dt.21-07-2023 2/3

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that from perusal of the F.I.R., it would manifest that the date of occurrence is 03.9.2022, the F.I.R. was instituted on 06.09.2022 and the same reached the Court on 12.09.2022, which further cast an aspersion on the case of the prosecution. It is next submitted that if what has been alleged is true, then the F.I.R. ought to have been instituted promptly.

5. The learned A.P.P. along with learned counsel for the informant opposes the bail application, but are not in a position to rebut the submission of the learned counsel for the petitioner that there is a delay in instituting the F.I.R. and the F.I.R. reached the Court after the delay of six days.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.18589 of 2023(3) dt.21-07-2023 3/3 the like amount each to the satisfaction of the learned Additional District & Sessions Judge-6th-cum-Special Judge, POCSO Act, Gaya in connection with Belaganj P. S. Case No.483 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T