Patna High CourtCR. MISC./56947/2019bail granted

Sarwan Paswan @ Srawan Paswan @ Srawan Kumar v. The State Of Bihar

2019-09-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56947 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- PARSAUNI District- Sitamarhi ====================================================== SARWAN PASWAN @ SRAWAN PASWAN @ SRAWAN KUMAR Son of Late Umesh Paswan Resident of Village- Parshurampur, P.S.- Parsauni, District- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Parsauni P.S. Case No. 58 of 2018, disclosing the offence under Sections 366-A, 376, 370 of the Indian Penal Code and Sections 6, 8 of the POCSO Act.

My attention has been drawn to the statement of the victim recorded under Section 164 of the Cr.P.C. to submit that the entire case of the prosecution stands falsified. Reliance has been placed on an order of this Court dated 07.03.2019, passed in CR. Misc. No. 13987 of 2019 whereby this Court had taken note of the said statement of the victim recorded under Section 164 of the Cr.P.C.

Considering the facts and circumstances, this application is allowed. Let the petitioner, above-named, in the

Patna High Court CR. MISC. No.56947 of 2019(2) dt.09-09-2019 2/2 event of his arrest/surrender within six weeks from today in the court below, 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 learned ADJ-1st cum Special Judge, Sitamarhi in Parsauni P.S. Case No. 58 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T