Shailendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29295 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- HATHIDAH District- Patna ====================================================== Shailendra Paswan, aged about 28 years, Son of Late Radhey Paswan, Resident of Village - Rami Bigha, P.S.- Asthawan, District - Nalanda. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Arshad Jameel Hashmi, Advocate For the Opposite Party :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-11-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Hatidah P.S. Case No. 10 of 2020 (Special Case No. 27 of 2020) for offences under Section 354(B) of the Indian Penal Code and Section 8 of POCSO Act.
Learned counsel appearing on behalf of the petitioner would submit that the petitioner and the informant are relatives and he has been falsely implicated in this case. He further submits that there are contradictions in the versions of the FIR and the statement of the victim girl made under Section 164 of the Cr.P.C. Petitioner is in custody since 26.01.2020. There is allegation of outraging the modesty of the daughter of the informant forcibly.
Patna High Court CR. MISC. No.29295 of 2020(2) dt.10-11-2020 2/2 Considering the fact that there are contradictions in the versions of the FIR and the statement of the victim girl made under Section 164 of the Cr.P.C. and the petitioner is in custody since 26.01.2020, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, let the petitioner, above-named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, POCSO, Patna in connection with Hatidah P.S. Case No. 10 of 2020 (Special Case No. 27 of 2020).
Deposit of Rs.25,000/- (Rupees twenty thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T