Vipin Paswan @ Suraj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31441 of 2023 Arising Out of PS. Case No.-373 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== VIPIN PASWAN @ SURAJ PASWAN Son of Shankar Paswan Resident of Village - Naudiha, P.S.- Chainpur, District - Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is an accused in connection with POCSO Case No. 03 of 2023 corresponding to Chainpur P.S. Case No. 373 of 2019 registered for the offences under sections 363 and 366(A) of the Indian Penal Code subsequently added section 376 of the Indian Penal Code and section 4 of the POCSO Act lodged on 22.10.2019 by the informant, Kamlesh Paswan.
As per the prosecution story, the informant's minor daughter had gone to attend the call of nature, but she did not return. Upon search, it was found that Vipin Paswan @ Suraj Paswan (the petitioner herein) kidnapped her with the intention to marry her. Accordingly, the FIR.
Patna High Court CR. MISC. No.31441 of 2023(2) dt.07-07-2023 2/3 The contention of the learned Counsel for the petitioner is that the couple got married and already blessed with a child and in any case, now the charges have been framed and he has remained in custody for more than 2 1⁄2 years since 08.01.2021 (paragraph 10 of the bail application). Further, the petitioner will abide by all the terms and conditions, if granted bail.
Learned APP for the State, on the other hand, opposes the prayer for bail stating that allegation is of taking away the victim girl and forcibly marrying with her.
Considering the period of custody (08.01.2021), charges have been framed and ultimately will have to face the trial, this Court is inclined to extend him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Court of Spl. Judge POCSO cum ADJ -VI, Kaimur in connection with POCSO Case No. 03 of 2023 corresponding Chainpur P.S. Case No. 373 of 2019, subject to the following conditions-: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.31441 of 2023(2) dt.07-07-2023 3/3 (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Neha/- U T