Rajan Paswan @ Rajan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4255 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -JALE District- DARBHANGA ======================================================

1. Rajan Paswan @ Rajan Kumar Paswan, S/o- Ramesh Paswan, resident of Village- Ojhaul, Police Station- Bahadurpur, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Neelam Kumari For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jalley PS case no. 142 of 2017 registered for the offences punishable under Sections 363, 366(A) of Indian Penal Code and Sections 4 and 6 of POCSO Act. The allegation is regarding the accused persons kidnapping the victim girl and thereafter, one of the co-accused person namely Rajan Thakur committed rape on the victim girl. The learned counsel for the petitioner submits that neither the petitioner herein is an FIR named accused person nor the victim has taken his name during the course of her statement recorded under Section 164 of Code of Criminal Procedure. It is

Patna High Court Cr.Misc. No.4255 of 2018 (3) dt.19-02-2018 2/2 further submitted that the person on the confessional statement of whose, the name of the petitioner has transpired, has already been granted regular bail by this Court. It is next submitted that the petitioner is having a clean antecedent.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Dharbhanga in connection with Jalley PS case no. 142 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T