Tunni Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.24902 of 2017 (3) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24902 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Tunni Paswan, son of Late Ram Briksha Paswan, resident of VillageSujawalpur, P.S.- Saraiya, District- Muzaffarpur..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Saraiya P.S. Case No. 67 of 2017 registered for the offences punishable under Sections 341, 323, 376, 511 of the Indian Penal Code and Sections 4 and 8 of POCSO Act.

Allegedly, the petitioner was trying to open the paint of 7 years old daughter of the informant and was trying to outrage her modesty, resulting, the girl started crying then, the informant went there and seeing the informant, the petitioner succeeded in fleeing away.

Submission is of false implication and that only on suspicion the petitioner has been implicated, he is suffering in custody since 02.03.2017, due to dirty village politics he has been implicated, he has got no criminal antecedent and as such he

Patna High Court Cr.Misc. No.24902 of 2017 (3) dt.05-07-2017 deserves sympathetic consideration.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge-cumSpecial Judge, POCSO Act, Muzaffarpur in connection with Saraiya P.S. Case No. 67 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T