Patna High CourtCR. MISC./13719/2018bail granted

Vinod Paswan v. The State Of Bihar

2018-03-09Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13719 of 2018 Arising Out of PS. Case No.-233 Year-2016 Thana- RAJNAGAR District- Madhubani ====================================================== Vinod Paswan, Son of Sri Raja Paswan, Resident of Village-Bhagwanpur, P.S.-Rajnagar, District-Madhubani ... Petitioner

Versus

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

For the Petitioner :

Mr. Md.Imteyaz Ahmad, Adv.

For the Opposite Party :

Mr. BAL MUKUND PRASAD SINHA, APP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of regular bail in connection with Rajnagar P.S. Case No. 233 of 2016 for offences under Sections 376, 420 and 504 of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act.

Allegation, in brief, is that on previous three occasions, the petitioner forcefully established sexual relationship in the village. Later on prosecutrix narrated the incident to her parents then they asked the petitioner to marry with the victim, but, he refused.

The learned counsel for the petitioner submits that the petitioner has been implicated because the victim wanted to marry with the petitioner but refused, and the complaint was

Patna High Court Cr.Misc. No.13719 of 2018(2) dt.09-03-2018 2/2 lodged much belatedly. Further, no mark of physical or sexual assault was found on the prosecutrix during the medical examination. The age of the girl is also assessed approximately 18 years and the petitioner is in custody since 21.08.2017. Having considered the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Rajnagar P.S. Case No. 233 of 2016 to the satisfaction of the Additional District Judge I-cum-Special Judge, POCSO Act, Madhubani.

One of the bailors shall be one of family members and the petitioner shall attend the Court on each and every date and in case of his non-appearance on two consecutive dates, without any cogent reason, his bail bond shall liable to be cancelled.

(Arun Kumar, J) Shamshad/- U T