Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40732 of 2021 Arising Out of PS. Case No.-136 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== RAJU PASWAN Son of Late Swarup Paswan Resident of Village - Khesar, P.S.- Madanpur, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rupa Kumari For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 341, 506, 354(a) of the Indian Penal Code and u/s 8 of POCSO Act.

As per the prosecution case, while the victim went to attend the call of nature outside her village, this petitioner along with two other accused persons tried to outrage her modesty. This petitioner is alleged to have caught the hand of the victim but after raising alarm all the accused persons fled away. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to village politics. Petitioner claims clean antecedent and is in custody since 11.06.2021 and investigation in this case is complete.

Patna High Court CR. MISC. No.40732 of 2021(2) dt.08-10-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Additional Sessions Judge-VI-cum- Special Judge, POCSO Act, Aurangabad in connection with Madanpur PS case No. 136/2021 on 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 and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her 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.

(Prabhat Kumar Singh, J) BKS/- U T