Umashankar Paswan @ Baila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27660 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== UMASHANKAR PASWAN @ BAILA Son of Rajendra Paswan @ Bhantu Paswan Resident of village - Shripur Kabaiya, P.S. - Ghorasahan, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 24.02.2023 seeks bail, in connection with Ghorasahan (Jharokhar) P.S. Case No. 92/2023, dated 23.02.2023, for the offences punishable under Sections 342, 323, 363, 366A, 379, 504, 34 of the IPC & Section 8 POCSO Act.

3. According to prosecution case, the petitioner is alleged to have abducted the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.27660 of 2023(4) dt.31-08-2023 2/3 allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. In fact the petitioner was in love with the victim and they have solemnized their marriage in temple at Ghorasahan and the petitioner has not committed anything wrong with her. He further submits that the medical report also does not support that the petitioner has sexually assaulted the victim. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 24.02.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, 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 the learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, Motihari in connection with Ghorasahan (Jharokhar) P.S. Case No. 92/2023, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.27660 of 2023(4) dt.31-08-2023 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T