Birje Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33758 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -BHADAURA District- PATNA ======================================================

1. Birje Paswan Son of late Ragho Paswan

2. Shiv Paswan Son of late Genhari Paswan Both are Resident of VillageMahadev Mand, P.S.- Bhadourh, Distt- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Adv. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Bhadourh P.S.Case No.16 of 2017 and Special POCSO Case No.27 of 2017, registered for offences punishable under Sections 448, 341, 354(A), 506 and 34 of the Indian Penal Code.

Allegation as per F.I.R. is against the other coaccused persons of trying to outrage the modesty of the informant and further allegation is that the informant went to make a complaint to the petitioner and others, the petitioners threatened him of dire consequences.

Submission of the learned counsel for the petitioners is that they are father of the other co-accused as such they have

Patna High Court Cr.Misc. No.33758 of 2017 (2) dt.20-07-2017 2/3 been falsely implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Patna in connection with Bhadourh P.S.Case No.16 of 2017 and POCSO Case No.27 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.33758 of 2017 (2) dt.20-07-2017 3/3 U