Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62917 of 2018 Arising Out of PS.Case No. -255 Year- 2018 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Ashok Paswan S/o Kirani Paswan Resident of Village-Tarar, P.S.- Daudnagar, Distt.-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Choubey Jawahar, Adv. For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Daud Nagar P.S. Case No. 255/2018, registered for the offences punishable under Sections 341, 323, 504 of the Indian Penal Code and section 8 of P.O.C.S.O. Act and sections 3, 5, and 6 of Witchcraft Practices Act.

Informant alleged that Ashok Paswan tried to outrage her modesty in the name of exorcism.

It has been submitted that petitioner has falsely been implicated in this case. There is contradiction between the F.I.R. and statement of victim recorded under Section 164 Cr.P.C. Petitioner has no criminal antecedent. He is in custody since 15.07.2018.

Patna High Court Cr.Misc. No.62917 of 2018 (2) dt.12-10-2018 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Addtiional District & Sessions Judge Ist-cum-Special Judge, P.O.C.S.O. Act, Aurangabad in connection with Daud Nagar P.S. Case No. 255/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T