Sumit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26406 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Sumit Kumar Paswan Son of Shivmuni Paswan R/o Village- Bheriya, P.S.- Ara Muffasil, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-10-2020 Heard Mr. Manoj Kumar, learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Ara (Muffasil) P.S. Case No. 04 of 2020 dated 05.01.2020 instituted for the offences under Sections 323, 341, 452, 354, 504 and 34 of the Indian Penal Code and under Section of 8 of the POCSO Act, 2012.

The allegation in the FIR is that the petitioner tried to take away the 17 year old daughter of the informant for wrong purposes but on protest, the effort of the petitioner was warded off. When a complaint was made, the family members of the petitioner assaulted the family members of the informant.

Learned counsel for the petitioner has

Patna High Court CR. MISC. No.26406 of 2020(2) dt.20-10-2020 2/2 submitted that the occurrence is said to have taken place in broad day light but surprisingly there is no eye witness to the occurrence. In fact the present case has been lodged by the informant only to teach the petitioner a lesson because he had been carrying on some kind of relationship with the daughter of the informant. Nobody appears to have been injured in the occurrence.

Regard being had to the nature of accusation against the petitioner and taking into account the clean antecedent and his young age, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- 1st Bhojpur at Ara in connection with Ara (Muffasil) P.S. Case No. 04 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T