Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41389 of 2018 Arising Out of PS.Case No. -186 Year- 2017 Thana -PALIGANJ District- PATNA ======================================================

1. Raushan Kumar S/o Sri Sudarshan Paswan, R/v- Fatehpur, P.S.- Paliganj, Distt.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Special (POCSO) Case No. 126 of 2017, Paliganj P.S.Case No. 186 of 2017 registered for offences punishable under Sections 447, 341, 323, 324, 506, 34 of the IPC and 8/12 of the POCSO Act.

As per FIR, allegation against the petitioner is of harassing the informant and pulled her Dupatta. Further allegation is that the petitioner started mis-behaving with her and when her sister raised alarm, the petitioner also assaulted her with knife. It is further alleged that the petitioner and other accused person entered into the house of the informant and assaulted and threatened her

Patna High Court Cr.Misc. No.41389 of 2018 (3) dt.25-09-2018 2/3 mother also.

Submission of the learned counsel for the petitioner is that no such occurrence has been taken place and petitioner has been falsely implicated in this case and there is a contradiction in between the statement of the victim girl, recorded under Section 164 Cr.P.C. and FIR and the petitioner is in custody since 13.04.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cumSpecial Judge (POCSO), Patna in connection with Special (POCSO) Case No. 126 of 2017, Paliganj P.S.Case No. 186 of 2017, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

Patna High Court Cr.Misc. No.41389 of 2018 (3) dt.25-09-2018 3/3 iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/R.RanjanU T