Fuleshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13159 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ====================================================== Fuleshwar Paswan, S/o Sri Ramautar Paswan, R/V- Madhopur, P.S.- Bibhutipur, District- Samastipur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Ajay Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.05.2016 in connection with G.R. No. 1063 of 2016, arising out of Tajpur (Halai O.P.) P.S. Case No. 127 of 2016 for the alleged offences under Sections 363, 365, 366A/34 and subsequently added Sections 342, 376, 406, 420, 467, 471/120B of the Indian Penal Code and Section 3, 4, 5, 6(A), 7 and 9 of the Immoral Traffic (Prevention) Act and Sections 6 and 7 of the POCSO Act.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation is against co-accused Vikash Kumar, who alone is named in the First Information Report. The petitioner's name surfaced in course of investigation as one of the persons involved in the occurrence. Other co-accused Ranjit Kumar Yadav, who is Manager of the hotel in which the two daughters of the informant had been kept and Manish Kumar have been granted bail by this Court in Cr. Misc. No. 44841 of 2016 and Cr. Misc. No. 35165 of 2016 respectively. The petitioner claims clean

Patna High Court Cr.Misc. No.13159 of 2017 (2) dt.29-03-2017 antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Ist Additional Sessions Judge, Samastipur in connection with G.R. No. 1063 of 2016, arising out of Tajpur (Halai O.P.) P.S. Case No. 127 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T