Dinkar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32027 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== Dinkar Paswan Son of Umesh Paswan Resident of Village and Post - Bhawadepur Gote, P.S. - Riga, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Riga P.S. Case No. 16 of 2019 instituted for the offence under Section(s) 377 of the Indian Penal Code and Sections 4, 6, 8 of POSCO Act.

It is alleged in the written report that Naati of the informant aged about 10 years was missing while he had gone from his house to another house to give mobile torch to the mother of the informant. It is further alleged that during search at about 11.00 pm, the informant saw his Natti coming with 3-4 persons who told him that his Natti came to them running and one person was also coming with his Natti who fled away. Thereafter, the Natti has disclosed to the informant that person

Patna High Court CR. MISC. No.32027 of 2019(2) dt.14-05-2019 2/2 has committed un-natural offence with him and also told his mobile number. Thereafter, the informant enquired about the aforesaid mobile number then he learnt that Dinkar Paswan (petitioner) was the owner of the aforesaid mobile number. Learned counsel for petitioner has submitted that there is no any direct evidence on record to show that the petitioner has committed any unnatural offence. Petitioner was not caught on the spot. Petitioner has been made accused in this case merely on suspicion.

Petitioner is in custody since 12.01.2019 having clean antecedent.

Considering the aforesaid, 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 1st Additional Sessions Judge cum Special Judge, POCSO Act, Sitamarhi in connection with Riga P.S. Case No. 16 of 2019, subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/mu keshU T