Kavindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72028 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- KARPI District- Jehanabad ====================================================== Kavindra Paswan, son of Surendra Paswan, resident of village Bakhtari, P.S. Karpi, Distt. Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jogendra Kumar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in POCSO Trial No. 12 of 2018 arising out of Karpi P.S. Case No. 54 of 2018 instituted for the offence under Sections 341, 323, 504, 506, 354/34 of the Indian Penal Code and Section 12 of POCSO Act. In the instant case there is general and omnibus allegation against the petitioner that when daughter of the informant went to Kirana shop of petitioner to purchase articles, he along with other co-accused persons misbehaved with her.

Counsel for the petitioner submits that instant case is counter blast because father of petitioner had deposed in Karpi P.S. Case No. 133 of 2003, Trial No. 1230 of 2018 against agnates of the informant and in that case they have been

Patna High Court Cr.Misc. No.72028 of 2018(2) dt.05-12-2018 2/2 convicted by judgment dated 20.8.2018. Counsel for the petitioner further submits that from the First Information Report itself it appears that entire family members of the petitioner have been made accused.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Jehanabad, in connection with POCSO Trial No. 12 of 2018 arising out of Karpi P.S. Case No. 54 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T