Anmol Paswan @ Anmol Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26103 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -NADI District- SUPAUL ====================================================== Anmol Paswan @ Anmol Kumar Paswan, son of Shri Prasad Paswan, resident of Village- Panchagachhiya, P.S.- Nadi Police Station- Supaul, District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Amar Nath Yadav, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 23.03.2017 in connection with Supaul Nadi Thana P.S. Case No. 04 of 2017, corresponding to POCSO Case No. 06 of 2017 registered for the offence punishable under Section 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. The prosecution case, as lodged by the informant, is that the petitioner entered in his house and forcibly tried to outrage the modesty of his 14 year old granddaughter. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and no case under the POCSO Act is made out as in the medical examination

Patna High Court Cr.Misc. No.26103 of 2017 (3) dt.06-07-2017 2/2 the victim girl has been found to be 18-19 years of age and while recording her statement under Section 164 of the Cr.P.C., learned Magistrate has assessed her age to be 18 years. It has further been submitted that the victim in her statement under Section 164 of the Cr.P.C. has stated that she has love affair with the petitioner and wants to marry him and no overt act has been committed by the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named 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 Additional District and Sessions Judge 1st, Supaul in connection with Nadi Thana P.S. Case No. 04 of 2017, corresponding to POCSO Case No. 06 of 2017.

(Nilu Agrawal, J.) Arjun/- U T