Vivek Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80438 of 2018 Arising Out of PS. Case No.-184 Year-2018 Thana- LAURIA District- West Champaran ====================================================== Vivek Paswan S/o- Ramrup Paswan, Resident of Village - Barwa Kala, P.S.- Lauriya, District- West Champaran.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjeev Kumar, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323 and 354/34 of the Indian Penal Code and Section 8 of the POCSO Act registered in connection with Lauriya P.S. Case No. 184 of 2018.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of the land dispute and in respect of which summons have been issued on 30.06.2018 (Annexure-2). The informatory petition has been filed by the father of the petitioner on 14.06.2018 prior to the institution of the first information report dated 28.06.2018 which in turn has been instituted after inordinate delay for the alleged occurrence of 30.05.2018. The petitioner claims clean antecedent.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 1st
Patna High Court Cr.Misc. No.80438 of 2018(2) dt.17-01-2019 2/2 Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 184 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) BT/Chandran U T