Parasnath Prasad @ Parash Nath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27325 of 2016 Arising Out of PS.Case No. -470 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Parasnath Prasad @ Parash Nath Prasad, son of Late Sukhdeo Prasad, resident of Village- Jamalabad, P.S. Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.04.2016 in connection with Ahiyapur P.S. Case No. 470 of 2015 for the offences alleged under Sections 376/511 and 506 of the Indian Penal Code and Sections 8, 12, and 18 of the POCSO Act.

3. It is submitted that the petitioner has been falsely implicated and the accusation is highly improbable considering that the petitioner is of advanced age of about 65 years. He has been falsely implicated in retaliation as he had become a witness of Ahiyapur P.S. Case No. 324 of 2015 which was lodged by one Harinarayan Bhagat against the informant's son and nephew. There is delay in instituting the F.I.R.

on 04.06.2015 for the alleged occurrence of

Patna High Court Cr.Misc. No.27325 of 2016 (2) dt.12-07-2016 2/2 03.06.2015. The petitioner claims clean criminal antecedent.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner Parasnath Prasad @ Parash Nath Prasad be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, POCSO Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 470 of 2015, subject to the following conditions : (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T