Patna High CourtCR. MISC./30846/2024bail granted

Ritesh Kumar Paswan @ Kanhaiya Paswan v. The State Of Bihar

2024-09-11Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30846 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- BARARI District- Katihar ====================================================== Ritesh Kumar Paswan @ Kanhaiya Paswan son of Late Dashrath Paswan Village- Sukhasan Ps- Barari Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Semapur P.S. Case No. 154 of 2023 dated 16.05.2023 registered for the offences punishable under Section 363, 366A read with Section 34 of the Indian Penal Code and under Section 8 of the POCSO Act.

3. As per the prosecution case, on 02.05.2023 at about 12:00 AM, the informant's daughter found was missing from her house. On search, she was not found anywhere. After four days of occurrence, the informant went to the house of the petitioner, where the petitioner and the co-accused persons started abusing and assaulting them. Thereafter, the informant alleged that all

Patna High Court CR. MISC. No.30846 of 2024(3) dt.11-09-2024 2/2 the accused persons took away the informant's daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The charge-sheet has been submitted against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.10.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VII-cum-Special Judge, POCSO, Katihar in connection with Barari(Semapur) P.S. Case No. 154 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T