Satish Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40853 of 2023 Arising Out of PS. Case No.-60 Year-2021 Thana- BALTHAR District- West Champaran ====================================================== SATISH PASWAN SON OF BHARAT PASWAN RESIDENT OF VILLAGE-LINE PARSA, WARD NO 2 PS- BALTHAR DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 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 sections 366(A), 363/34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. According to the prosecution, the petitioner is said to have abducted the daughter of the informant at the pretext of solemnization of marriage.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of case dairy, the victim girl was recovered and her statement has been
Patna High Court CR. MISC. No.40853 of 2023(5) dt.02-12-2023 2/2 recorded under section 161 & 164 of Cr.P.C., wherein, she did not whisper any complicity of the petitioner regarding physical misbehave or assault in the alleged offence. The medical report of the victim has also not supported the prosecution case. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 2.1.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Balthar P.S. Case No. 60 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 7th cum-Special Judge, POCSO at Bettiah, West Champaran.
(Sunil Kumar Panwar, J) Amandeep/- U T