Nanhak Paswan @ Nanku Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35969 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- CHENARI District- Rohtas ====================================================== NANHAK PASWAN @ NANKU PASWAN Son of Late Komal Paswan Resident of Village - Malhipur, P.S.- Chenari, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in POCSO Case No. 9/2019, arising out of Chenari P.S. Case No. 17/2019, instituted for offence under Section(s) 376, 511/34 of the Indian Penal Code read with Section 8/12 of POCSO Act.

It is alleged in the written report that on the date of occurrence informant and her cousin had gone to Belab for purchasing medicine. Thereafter they went to Karamchat Dam with Laljeet Kumar and Krishna Yadav, who happens to be their boy friend. They were returning from Dam then petitioner arrived there on motorcycle and took the informant and her friend at separate place and tried to outrage their modesty. On alarm nearby people came and apprehended this petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.35969 of 2019(3) dt.22-07-2019 2/2 victim has neither given statement under Section 164 Cr.P.C. nor she has been medically examined. Victim herself has filed compromise petition stating therein that case has been filed wrongly. Copy of compromise petition is annexed as Annexure2. The other co-accused has already been granted bail by this Court vide order dated 27.06.2019 passed in Cr. Misc. No. 34993/2019.

Petitioner is in custody since 21.01.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 Addl. District & Sessions Judge, Sasaram (Rohtas), in connection with POCSO Case No. 9/2019, arising out of Chenari P.S. Case No. 17/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T