Jharokhi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70935 of 2018 Arising Out of PS. Case No.-98 Year-2018 Thana- SIMRI District- Darbhanga ====================================================== Jharokhi Paswan Son of Upendra Paswan, Resident of Village- Harpur, P.S.- Simri, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Simri P.S.Case no.98 of 2018 , registered for offences punishable under Sections 363, 365(A) of the Indian Penal Code and Sections 4/6 of the Prohibition of children Sexual Act (POCSO) Act.

Allegation against the petitioner as per FIR is that the daughter of the informant was kidnapped by the son of the petitioner and it is also stated that the petitioner has also assisted in that .

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case only due to that the fact that he is father of the co-accused Lakhinder and she has not named this petitioner in her statement under Section 164

Patna High Court CR. MISC. No.70935 of 2018(4) dt.10-04-2019 2/2 Cr.P.C.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing b6ail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge (POCSO) Darbhanga in connection with Simri P.S.Case no.98 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T