Raja Paswan @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22053 of 2023 Arising Out of PS. Case No.-149 Year-2021 Thana- SHEOHAR District- Sheohar ====================================================== RAJA PASWAN @ RAJA KUMAR S/o Kailash Paswan Resident of villageRejma Police Station-Sheohar District-Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Advocate.
For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-06-2023 Heard Mr. Uday Kumar, learned counsel appearing on behalf of the petitioner and Mr. Vinod Shanker Modi, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Sheohar P.S. Case No. 149 of 2021 registered for the offence punishable under Sections 323, 34, 354, 366, 379 and 504 of the Indian Penal Code.
3. Prosecution story, in brief, is that the petitioner had lured the son of the complainant on the pretext of making payment of Rs. 6000/- per month as daily wages for working at Punjab. After some time, the petitioner returned back from Punjab, but the son of the complainant did not return. The petitioner did not disclose the whereabouts of the son of the complainant. Upon inquiry by the complainant about the
Patna High Court CR. MISC. No.22053 of 2023(2) dt.24-06-2023 2/3 whereabouts of her son, the accused persons including the petitioner assaulted her and snatched her golden nose pin.
4. Learned counsel appearing on behalf of the petitioner submitted that the son of the complainant has returned back and his statement under Section 164 Cr.P.C. has also been recorded. The entire allegation are general and omnibus and so far allegation of taking away the son of the informant at Punjab on monthly wages of Rs.6000/- is a false and fabricated story. Prior to the present case, a complaint case was filed by the sister of the present petitioner under Section 323, 504, 354, 354B, 376 and 511 of the Indian Penal Code and Section 8 of the POCSO Act which led to lodging of the present false case against the petitioner.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions of the parties as well as the allegation made in the complaint / F.I.R. and the pleading made in the bail application, present complaint is counter blast to the F.I.R. lodged by the sister of the petitioner under Section 323, 504, 354, 354B, 376 and 511 of the Indian Penal Code and Section 8 of the POCSO Act, the petitioner, above named, is directed to be released on pre-arrest bail, in the
Patna High Court CR. MISC. No.22053 of 2023(2) dt.24-06-2023 3/3 event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheohar in connection with Sheohar P.S. Case No. 149 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T