Patna High CourtCR. MISC./52043/2023allowed

Sonu Kumar Paswan v. The State Of Bihar

2023-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52043 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- PIPRASI District- West Champaran ====================================================== Sonu Kumar Paswan S/O Sri Beyas Paswan Resident Of Village- Rampur, Hazara Tola, P.S- Laukariya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under section 377 of the Indian Penal Code and Section 4 and 6 of the POCSO Act.

3. Allegation against the petitioner is that he committed unnatural offence with the informant's son.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is further submitted that no witness has come forward to support the prosecution version against the petitioner. Medical report also does not support the prosecution version as no spermatozoa was seen in the medical report. A statement has been made in

Patna High Court CR. MISC. No.52043 of 2023(3) dt.18-10-2023 2/2 para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Piprasi P.S. Case No. 26 of 2023 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-VII-cum-the Special Judge POCSO Act, West Champaran at Bettiah.

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