Chandan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27887 of 2024 Arising Out of PS. Case No.-429 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Chandan Paswan S/O Late Sharvan Paswan R/O Village/Moh- Sathopur, P.SDeepnagar, Distt.- Nalanda. ... ... Petitioner/S
Versus
The State Of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with POCSO Case No. 207 of 2023 arising out of Rajgir P.S. Case No. 429 of 2023 instituted for the offence under Sections 366(A) & 34 of the Indian Penal Code.
3. Prosecution case is that informant went to Malmas fair from his house along with his cousin grandmother, aunt, uncle and two girls aged about 16 years and 13 years on 12-082023 and on the same night both the girls went missing.
4. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case. He is not named in the FIR. His name transpired during course of investigation. It is submitted that there is delay of seven days in lodging of the FIR. Learned counsel for the petitioner submits
Patna High Court CR. MISC. No.27887 of 2024(3) dt.21-06-2024 2/2 that victim has not alleged any allegation against the instant petitioner in her statement recorded under Section 164 of the Cr.P.C., rather she has specifically named other accused persons. Petitioner's name has surfaced in this case only on the basis of suspicion. The petitioner is in custody since 19-08-2023 and is a man of clean antecedent. It is lastly submitted that charge sheet has already been submitted in this case.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten. Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with POCSO Case No. 207 of 2023 arising out of Rajgir P.S. Case No. 429 of 2023.
(Rudra Prakash Mishra, J) Prakash/- U