Shashi Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71638 of 2018 Arising Out of PS. Case No.-304 Year-2018 Thana- KADWA District- Katihar ====================================================== Shashi Kumar Paswan, Son of Braham Deo Paswan, Resident of VillageDiyari Gate, P.S.- Kadwa, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2018 The petitioner seeks regular bail in connection with Kadwa P.S. Case No. 304 of 2018, registered for offences punishable under Sections 376 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner is of committing rape upon the informant, who is minor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and in fact there was love affair between the parties, which will appear from the para -24 of the case diary, wherein, it has been mentioned that she was in love with the petitioner for last two years. Further submission is that the girl has stated her age to be 17 years in the F.I.R. Petitioner has no criminal antecedent and has been in judicial custody since 01.09.2018.

Patna High Court Cr.Misc. No.71638 of 2018(3) dt.21-12-2018 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -cum-Special Judge -I, Katihar, in connection with Kadwa P.S. Case No. 304 of 2018, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Amjad/- U T