Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21865 of 2018 Arising Out of PS.Case No. -18 Year- 2017 Thana -MAHILA P.S. District- VAISHALI(HAJIPUR) ======================================================

1. Suresh Paswan S/o Late Jamun Paswan, R/o Village- Tal Chhoti Chhapra, P.S.- Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 18/2017, registered for offences punishable under Sections 323, 504, 354B, 376/34 of the Indian Penal Code and under Section 4, 8 and 10 of the POCSO Act. Allegation against the petitioner is that when the informant went to his house for protesting against the act of son of the petitioner, who alleged to have committed rape on the daughter of the informant, this petitioner assaulted the informant. It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and there is no allegation against him either under Section 354B or under Section 376 of the IPC as well as POCSO Act rather the specific allegation against co-accused of this case.

Patna High Court Cr.Misc. No.21865 of 2018 (3) dt.15-05-2018 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -1st, Vaishali at Hajipur, in connection with Mahila P.S. Case No. 18/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.21865 of 2018 (3) dt.15-05-2018 3/3 prosecution is free to move for cancellation of his bail bonds.

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