Kaushal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34216 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== KAUSHAL PASWAN S/o Sanjay Kumar @ Sanjay Paswan R/o Village Chitkurni, Chakia, P.S. Ara Mufassil, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-10-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 354-C, 354-D and some other ancillary Sections of the Indian Penal Code and u/s 8/12 of POCSO Act.

As per the prosecution case, when the informant was sweeping her veranda, four persons, including this petitioner, came and started talking in bad manner and also pulled her hands. When the informant raised alarm her family members came and saved her.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. As a matter of fact instant case is counter blast of Udwantnagar PS case No. 95/2022, which was instituted against

Patna High Court CR. MISC. No.34216 of 2022(2) dt.20-10-2022 2/2 the informant and her family members on the basis of fard bayan of this petitioner in which this petitioner sustained grievous injury. It is further submitted that there is delay of four days in lodging the FIR which itself makes the prosecution case suspect in the eye of law. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged 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, Bhojpur, Ara in connection with Udwantnagar PS case No.94/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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