Nirmal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71700 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Nirmal Paswan Son of Patilal Paswan, resident of Village- Sumbha Gajighat, Tola Marain, Police Station- Alauli, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Viveka Nandsingh For the Opposite Party/s :
Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 Heard the parties.
The petitioner seeks regular bail in connection with POCSO Case No.09/18 arising out of Alauli P.S.Case No.91/18 registered for offences punishable under Sections 376/511 of the Indian Penal Code and Section 18 of the POCSO Act. Allegation against the petitioner is that he entered inside the house of the informant and tried to commit rape upon the daughter of the informant and when she raised hulla, the petitioner fled away.
Submission of the learned counsel for the petitioner is that there is land dispute between the parties and two days prior to this occurrence, the father of the petitoner had lodged a case against the informant and others , which will appear from
Patna High Court Cr.Misc. No.71700 of 2018(2) dt.12-12-2018 2/2 Annexure 2 and moreover there is delay of six days in lodging the FIR. The petitioner is in custody for more than three months.
Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the trial has commenced Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge, Khagaria in connection with POCSO Case No.09/18 arising out of Alauli P.S.Case nO.91 of 2018 with condition that he has to co-operate in the disposal of the trial and remain present in the court as and when required otherwise his bail bond shall be cancelled.
With the aforesaid observation, this application is allowed.
chn/- (Vinod Kumar Sinha, J) U T