Shyam Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64182 of 2018 Arising Out of PS. Case No.-186 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Shyam Paswan son of Gonu Paswan, resident of Village- Mehammadpur Gokhul, P.S. Sakra, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar For the Opposite Party/s :
Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Sakra P. S. Case No. 186 of 2018 instituted for the offence under Section(s) 376 of the Indian Penal Code and Section 4/6 of the POCSO Act, 2012. It is alleged in the written report that this petitioner committed illegal act with 13 years old daughter of the informant.
Learned counsel for the petitioner has submitted that this case has been filed due to land dispute. It has further been submitted that victim girl has been medically examined and no injury has been found on her private part. The Medical Board has found her age between 16 to 17 years.
Case diary has been received, wherein, the injury
Patna High Court Cr.Misc. No.64182 of 2018(4) dt.27-11-2018 2/2 report of the victim girl is available. The doctor has found no injury on her private parts. The Medical Board has assessed the age of the victim girl between 16 to 17 years. The petitioner is in custody since 13.5.2018 having no criminal antecedent.
Considering the aforesaid, 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 Spl. Judge, POCSO Act, Muzaffarpur, in connection with Sakra P. S. Case No. 186 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner.
(Sanjay Priya, J) shyambihari/- U T