Dharmraj Paswan @ Subodh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58269 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- MAINATAND District- West Champaran ====================================================== Dharmraj Paswan @ Subodh Paswan Son of Late Hazra Resident of Village - Sakraul, P.S. - Inarwa, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Mainatand P.S. Case No. 29 of 2021 for the offence punishable under Sections 363, 366-A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case, in brief, is that the petitioner enticed the daughter of the informant with four items of gold ornaments for the purpose of marriage.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.58269 of 2021(3) dt.12-05-2022 2/3 implicated in this case. He further submits that petitioner has no criminal antecedent. He further submits that it appears from statement made by the victim under Section 164 of Cr.P.C. that she wants to live with the petitioner and she was not kidnapped by him rather she had eloped with the present petitioner as per her own wishes.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Addl. Sessions Judge, West Champaran at Bettiah in connection with Mainatand P.S. Case No. 29 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.58269 of 2021(3) dt.12-05-2022 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) S.Katyayan/- U T