Jai Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55791 of 2024 Arising Out of PS. Case No.-33 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Jai Kumar Paswan Son of Ram Khelawan Paswan Village- Banailpatti, Ward no. 06, P.S.- Birpur, District- Supaul ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Parmeshwar Yadav Son of Late Asarfi Yadav Village- Banailpatti, Ward no. 06, P.S.- Birpur, District- Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Birpur P.S. Case No. 33 of 2023, POCSO Case No. 40 of 2023, lodged on 26.01.2023, under Sections 366A and 504/34 of the I.P.C.
3. Learned Counsel for the petitioner submits that the anticipatory bail application of the petitioner was earlier rejected vide order dated 16.04.2024 passed in Cr. Misc. No. 7237 of 2024 with liberty to renew the prayer for bail after framing of charge. Counsel submits that the charge has already been framed but inadvertently this fact could not be brought into the notice of
Patna High Court CR. MISC. No.55791 of 2024(3) dt.04-10-2024 2/2 this Court at the time of considering the anticipatory bail application. Counsel submits that case diary along with statement under Section 164 of the Cr.P.C. was called for and in her statement under Section 164 of the Cr.P.C. the ingredients of kidnapping is only there. Counsel submits that the allegation of misbehaviour is not against the petitioner. Counsel further submits that the petitioner has clean antecedent and he is in custody since 07.02.2023.
4. Learned Counsel for the State opposes the prayer for bail.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of A.D.J.-VI-cum-Special Judge POCSO Court, Supaul in connection with Birpur P.S. Case No. 33 of 2023, POCSO Case No. 40 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Aman Kumar/- U T