Deepak Paswan @ Deepak Kumar Paswan @ Dipak Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52150 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Deepak Paswan @ Deepak Kumar Paswan @ Dipak Kumar Paswan, Son of Nuna Paswan Resident of Village - Haflaganj, P.S.- Mufassil, Dist.- Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Prasad Sah For the Opposite Party/s :
Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner in the present case is seeking regular bail in connection with G.R. No.2575/2019 (arising out of Mufassil P.S. Case No.147/2019) registered for the offence punishable under Sections 448, 354A, 354 and 354B of the Indian Penal Code and Section 8 of the POCSO Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the present case is a counter blast of SC/ST P.S. Case No.24 of 2019 instituted by the mother of the petitioner against the brother of the informant and other prosecution party.
Learned APP has opposed the prayer for bail.
Patna High Court CR. MISC. No.52150 of 2019(3) dt.20-11-2019 2/3 Considering the facts and circumstances of the case wherein it is alleged that this petitioner had entered in the house of the informant and had attempted to molest the victim girl, but in her statement under Section 164 Cr.P.C. the victim girl has stated that the petitioner could not do anything wrong with her as also that the mother of this petitioner has lodged an FIR after few days which is Annexure-3 to the present application showing that there is some land dispute between the parties over which the parties have been quarrelling as also that the petitioner is in custody since 18.07.2019 and now chargesheet has already been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.
15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Katihar in connection with G.R. No.2575/2019 (arising out of Mufassil P.S. Case No.147/2019), subject to the condition as laid down under Section 437 (3) Cr.P.C.
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly
Patna High Court CR. MISC. No.52150 of 2019(3) dt.20-11-2019 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) arvind/- U T