Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39223 of 2018 Arising Out of PS. Case No.-171 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Dharmendra Paswan S/o Sri Chaturi Paswan, R/o Vill.- Sherna, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Kanti P.S. Case No. 171 of 2018 registered for the offence punishable under Section 354 (B) of the Indian Penal Code and Section 8 of POCSO Act.

Informant in her written complaint has stated that on 12.04.2018 when she was returning after purchase, she boarded the vacant tempo of Dharmendra Paswan (petitioner) and petitioner told her that he will drop her at her residence but on the way he carried tempo on different direction and stopped at lonely place and tried to establish sexual relation with her and offered her money, thereafter she jumped from the auto and received some injury and went to the hospital and

Patna High Court Cr.Misc. No.39223 of 2018(3) dt.30-08-2018 2/2 after coming of his father, she has lodged the present case on 14.04.2018 i.e. after two days of occurrence. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. In the investigation it has come that father of the informant had taken loan from the father-in-law of petitioner and he did not want to refund the loan and as such he has been implicated in this present case. During investigation, the I.O. also found that the place of occurrence as stated by the informant is not probable. Petitioner has no criminal antecedent and he is in custody since 19.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st Cum Special Judge, POCSO Act, Muzaffarpur, in connection with Kanti P.S. Case No. 171 of 2018.

(S. Kumar, J) veena/- U