Bharat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68759 of 2022 Arising Out of PS. Case No.-60 Year-2021 Thana- BALTHAR District- West Champaran ====================================================== BHARAT PASWAN Son of Late Ramchandra Paswan R/V- Line Parsa, P.SBalthar, Dist- West Champaran Pin 845307 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajeet Kumar Bhardwaj For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366(A/34) of the Indian Penal Code and section 8 of POCSO Act. Allegedly, co-accused Satish Paswan took away the daughter of the informant with intention to solemnize marriage with her. It is alleged that the petitioner is also involved in the said occurrence.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is the father of

Patna High Court CR. MISC. No.68759 of 2022(2) dt.24-01-2023 2/2 co-accused Satish Paswan and there is no specific allegation against him. He further submits that similarly situated coaccused persons have been granted bail by a co-ordinate bench of this Court vide order dated 01.11.2022 passed in Cr. Misc. No.35056 of 2022. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Balthar P.S. Case No.60 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T