Rahul Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65448 of 2018 Arising Out of PS. Case No.-161 Year-2017 Thana- CHAKAND District- Gaya ====================================================== Rahul Paswan Son of Rajendra Paswan Resident of Village-Bitho Sharif, P.S. Chakand, Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in POCSO Case No. 98 of 2017 arising out of Chakand P.S. Case No. 161 of 2017 instituted for the offence under Sections 376, 354(D), 509 of Indian Penal Code, Section 67(A) of Information Technology Act and Section 12 of POCSO Act.

Counsel for the petitioner submits that petitioner is brother-in-law of the co-accused Sanjeev Paswan and he has no concern with the alleged occurrence.

In the written report the informant has levelled specific allegation against Sanjeev Paswan who established physical relationship with her for last seven months on the pretext of love affair and made her video viral on Whatsap. It is

Patna High Court Cr.Misc. No.65448 of 2018(4) dt.17-12-2018 2/2 further alleged that petitioner is also involved in the aforesaid occurrence.

As such, in the written report general and omnibus allegation has been levelled against the petitioner. The main allegation of committing illegal act has been levelled against coaccused Sanjeev Paswan. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st, cum Special Judge (POCSO Act), Gaya, in connection with POCSO Case No. 98 of 2017 arising out of Chakand P.S. Case No. 161 of 2017, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T