Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62427 of 2024 Arising Out of PS. Case No.-233 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Sanjay Paswan, S/o Dukha Paswan, R/o vill - Maniyarpur, P.S. - Bidupur, Distt. - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jai Kumar Singh, S/o Vashisth Singh, R/o vill. - Maniyarpur, P.S. - Bidupur, Distt. - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2025 Heard Mr. Mritunjay Kumar, learned counsel for the petitioner and Mrs. Rita Verma, learned APP for the State.

2. The petitioner has prayed for bail in connection with Bidupur P.S. Case No. 233 of 2020 registered for the offence punishable under Sections 376 of the Indian Penal Code and Section 4 of the POCSO Act.

3. The case of the prosecution is that the petitioner has committed rape with the minor daughter of the informant.

4. In this case, trial has started. In trial, the victim has given her deposition and in her deposition, she has denied the occurrence. She has turned hostile.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.62427 of 2024(5) dt.24-03-2025 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that in trial as the victim herself has denied the occurrence and has stated that whatever she has stated before the Magistrate was according to her father. She has even not identified the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 23.08.2023.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of A.D.J. 6th -cum-Special Judge, POCSO Act, Hajipur, Vaishali in connection with Bidupur P.S. Case No. 233 of 2020. (Ashok Kumar Pandey, J) lata/- U T