Patna High CourtCR. MISC./49067/2019bail granted

Vikram Paswan v. The State Of Bihar

2019-08-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49067 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- KHAJAULI District- Madhubani ====================================================== Vikram Paswan Son of Yogendra Paswan Resident of Village-Ekdara, P.SKhajauli, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharati, Adv.

For the State :

Mr.Nityanand Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 376, 313, 452, 504/34 of the Indian Penal Code and Section-3/4 of the POCSO Act.

Prosecution case in brief is that while the informant was all alone in the house, the accused persons entered into her house and committed rape upon her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since26-06-2019. The victim has been examined u/S 164 Cr.P.C. in which, she has not made allegation of commission of rape against the petitioner. The main

Patna High Court CR. MISC. No.49067 of 2019(2) dt.07-08-2019 2/2 allegation is against co-accused Khaika Paswan. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cum-Special Judge, POCSO Act, Madhubani in connection with Khajauli P.S. Case No. 141 of 2018. (Sudhir Singh, J) A.K.V.//- U T