Patna High CourtCR. MISC./50069/2017bail granted

Ashok Paswan v. The State Of Bihar

2017-12-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50069 of 2017 Arising Out of PS.Case No. -13 Year- 2015 Thana -BHADAUR District- PATNA ====================================================== Ashok Paswan, S/o Dev Narayan Paswan, R/o Village- Pranpur, P.S.- Bela, District- Gaya, at present C/o Kedar Ram, Vill +P.S.- Bhadaur, DistrictPatna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandrashekhar For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 14.03.2015 in a case registered for the offences punishable under Sections 342, 377 of the Indian Penal Code and Sections 4, 8, 10, 12 of POCSO Act.

Earlier the prayer for bail of the petitioner was rejected by this court and the trial court was directed to conclude the trial of the petitioner within a stipulated period of four months. However, the trial court has reported that all the prosecution witnesses, except investigating officer and doctor, have already been examined. It has also been reported that presently the trial of

Patna High Court Cr.Misc. No.50069 of 2017 (3) dt.06-12-2017 2/2 the petitioner is pending in a vacant court.

Considering the period of detention of the petitioner in jail custody as well as this aspect of the matter that all the private witnesses have already been examined and there is no apprehension of tampering with the prosecution witness, let the petitioner 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 In-charge/ Additional Sessions Judge, 1st cum Special Judge, POCSO, Patna in connection with Special Case No. 39 of 2015 arising out of Bhadaur P.S. Case No. 13 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T