Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31313 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Raj Kumar Paswan Son Of Raghuwansh Paswan R/O-Mansupur Milki, P.O.- RASULPUR Fatah, P.S.-MAHUA, Distt.-VAISHALI. Ref.-MAHUA P.S. Case No. 10/2021 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A and 34 of the Indian Penal Code.

3. Allegation against co-accused persons along with this petitioner is that they abducted the daughter of the informant. Thereafter, the informant got information that his daughter drowned in the Chaur, informant made all efforts to find his daughter but in vain. The informant raised suspicion that all the accused persons including this petitioner committed murder of his daughter.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.31313 of 2023(6) dt.18-10-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted from para-7 of this petition that the victim girl has drowned to death along with one other girl and it is further submitted that dead body of both the victim girl has been found from the deep rooted pond. No any cogent material has come against the petitioner to involve in the said occurrence. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated. 27858 of 2023. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.10.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahua P.S. Case No. 10 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.31313 of 2023(6) dt.18-10-2023 3/3 learned Additional Sessions Judge VI-cum-Spl. Judge, POCSO Sadar at Hajipur.

(Sunil Kumar Panwar, J) shubham/- U T