Domi Paswan @ Doma Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60604 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- MAHISHI District- Saharsa ====================================================== DOMI PASWAN @ DOMA PASWAN S/O LATE PULKIT PASWAN R/O VILLAGE- PUNACH RAHI, P.S- MAHISHI, OUTER POST- JALAHI, DISTT.- SAHARSA, BIHAR.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

CHHEDI MUKHIYA S/O KAMAL MUKHIYA R/O VILLAGE- PUNACH RAHI, P.S- MAHISHI, OUTER POST- JALAHI, DISTT.- SAHARSA, BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar Sinha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A), 504, 506 and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant for the purpose of marriage.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and there is

Patna High Court CR. MISC. No.60604 of 2023(2) dt.12-09-2023 2/2 specific allegation of abducting the victim girl is against coaccused Bachcha Paswan. He further submitted that being the father of the main accused, he has been falsely implicated in the present case. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.08.2022.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as being an old age person, 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 below in connection with Mahishi P.S. Case No. 102 of 2022. (Sunil Kumar Panwar, J) arish/- U