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Patna High CourtCR. MISC./49334/2023allowed

Raushan Kumar Paswan @ Roshan Kumar @ Roshan Kumar Paswan v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49334 of 2023 Arising Out of PS. Case No.-93 Year-2022 Thana- PRATAPGANJ District- Supaul ====================================================== Raushan Kumar Paswan @ Roshan Kumar @ Roshan Kumar Paswan Son Of Binod Paswan R/O-Sripur Ward No. 05, P.S.-PRATAPGANJ, Distt.-SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 341, 366A, 504, 506 and 34 of the Indian Penal Code and Section 8/10 of the POCSO Act and sections 9/10 of Prohibition of Child Marriage Act.

Allegation against the petitioner along with other coaccused persons is that they abducted the daughter of the informant for the purpose of marriage. It is further alleged that the petitioner's family member assaulted the informant's side and threatened them as well.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.49334 of 2023(3) dt.11-08-2023 2/2 falsely been implicated in this case. It is further submitted from the statement of the victim recorded under Sections 161 and 164 of the Cr.P.C, in which she stated that she left her house and solemnized marriage with this petitioner out of her own sweet will and these facts came in the impugned order. Moreover the petitioner is languishing in judicial custody since 06.02.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pratapganj P.S. Case No. 93 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Supaul.

(Sunil Kumar Panwar, J) shubham/- U T