Sakin Paswan @ Sakil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39904 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== SAKIN PASWAN @ SAKIL PASWAN Son of Mahendra Paswan Resident of Village - Raghopur Bakhri, P.S.- Punaura, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 section 363, 366A, of the Indian Penal Code and Sections 4/8 of the POCSO Act.

3. As per FIR, the informant alleged that the petitioner and co-accused persons abducted her daughter due to ulterior motives.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.39904 of 2023(7) dt.19-12-2023 2/3 committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion and due to dirty village politics. As per the statement of the victim recorded under Section 161 of the Cr.P.C., which is annexed with Para-41 of the Case Diary, wherein she has stated that the she was in love with one co-accused, namely, Arun Paswan and she went with him with her own sweet will, thereafter they solemnized marriage but she has not stated about any wrong doing against the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.01.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Punaura P.S. Case No. 341 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.39904 of 2023(7) dt.19-12-2023 3/3 satisfaction of learned Additional Sessions Judge-VI-cum Special Judge POCSO, Act Sitamarhi.

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