Patna High CourtCR. MISC./56108/2018bail granted

Sewai Paswan @ Sonu Paswan @ Sewai v. The State Of Bihar

2018-10-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56108 of 2018 Arising Out of PS. Case No.-311 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== SEWAI PASWAN @ SONU PASWAN @ SEWAI Son of Late Sipahi Paswan, resident of Village- Brahampur, P.S.- Brahampur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudha Chandra For the Opposite Party/s :

Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with POCSO Case No. 36 of 2018 arising out of Brahampur P.S. Case No. 311 of 2018 registered for the offence punishable under Sections 365, 354(A), 354(B), 354(D) and 509 of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act.

Informant in his written complaint has alleged that on 15.06.2018 she and her sister Khusi Kumari were playing near their house, in the meantime Aarti Devi came and told that Puja Devi is calling them at Temple. Thereafter Aarti Devi took them on a tempo and they were made unconscious. Coaccused named in the FIR molested them and they took them to Raghunathpur and confined them in house of Aarti Devi and

Patna High Court Cr.Misc. No.56108 of 2018(2) dt.06-10-2018 2/2 also used to give some intoxicated drink and committed some illegal act with them.

It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent. Allegations made are vague, indefinite and improbable. Petitioner has been falsely implicated in this case on account of enmity and village rivalry. Petitioner is in custody since 04.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional District and Sessions Cum Special Judge (POCSO Act), Buxar, in connection with POCSO Case No. 36 of 2018 arising out of Brahampur P.S. Case No. 311 of 2018.

(S. Kumar, J) veena/- U