Patna High CourtCR. MISC./40088/2019bail granted

Chandan Paswan @ Chandan Kumar v. The State Of Bihar

2019-07-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40088 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- TEKARI District- Gaya ====================================================== CHANDAN PASWAN @ CHANDAN KUMAR S/o Lala Paswan @ Lal Ram Paswan R/o village- Lakhibagh, P.S.- Tekari (Panchanpur O.P.), DistrictGaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the parties.

This is an application for anticipatory bail in connection with POCSO Case No. 30 of 2019, arising out of Tekari (Panchanpur O.P.) P.S. Case No. 107 of 2019, disclosing offences under Sections 341, 342 and 354(B) of the Indian Penal Code, including Section 8 of the POCSO Act. It is alleged in the FIR that the informant's daughter was forcibly taken to a lonely place by the petitioner, who thereafter misbehaved with her.

Learned counsel, appearing on behalf of the petitioner, has submitted that the vague allegation does not make out any offence under Section 354(B) of the IPC. The said submission appears to be correct.

Patna High Court CR. MISC. No.40088 of 2019(2) dt.01-07-2019 2/2 This application is accordingly allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional District and Sessions Judge, 1st-cum-Special Judge (POCSO Act), Gaya, in connection with POCSO Case No. 30 of 2019, arising out of Tekari (Panchanpur O.P.) P.S. Case No. 107 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T