Subodh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4740 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== SUBODH PASWAN S/o Parikshan Paswan R/o village- Rampur Khurd, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Pupri P.S. Case No.119 of 2020, registered for the offence punishable under Sections 366A/34 of the Indian Penal Code and section 8 of POCSO Act.

The prosecution case, as alleged by the informant is that her daughter, aged about 15 years has been enticed away by the accused persons either for the purpose of marriage or other purposes.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. The alleged occurrence took place on 08.05.2020 and the

Patna High Court CR. MISC. No.4740 of 2021(5) dt.13-09-2021 2/2 informant had witnessed the occurrence, even then the FIR has been lodge on 18.05.2020 i.e. after 10 years of the occurrence without any explanation for the delay. Statement of the victim was recorded under section 164 Cr.P.C. before the learned Magistrate where she disclosed that she was forced to marry with one aged person by her parents and she did not take name of any of the accused persons. She also stated that no one enticed her away. The petitioner has no criminal antecedent and has been languishing in custody since 20.06.2020. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case and the statement of the victim recorded under section 164 Cr.P.C., the above named petitioner 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 Additional Sessions Judge VI-cumSpecial Judge, Sitamarhi, in connection with Pupri P.S. Case No.119 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T