Patna High CourtCR. MISC./5173/2018bail granted

Jawahar Paswan @ Jawahir Paswan v. The State Of Bihar

2018-03-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5173 of 2018 Arising Out of PS.Case No. -33 Year- 2016 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ======================================================

1. Jawahar Paswan @ Jawahir Paswan, son of Algu Paswan, resident of Village- Parmalpur, P.S.- Bhagwanpur, District- Kaimur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay, Adv. For the Opposite Party/s : Mr. Smt. Indu Bala Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376,354B/34 of the Indian Penal Code and Section 6 of POCSO Act. The allegation of commission of rape is against co-accused Rambhog Pal. The petitioner was there. Earlier, this Court had refused prayer to the petitioner on 29.03.2017 in Cr.Misc.No. 10937 of 2017 with liberty to renew the prayer for bail, if the trial is not concluded within nine months.

The trial has not concluded. Petitioner is in custody since 18.12.2016.

Learned counsel for the informant submits

Patna High Court Cr.Misc. No.5173 of 2018 (3) dt.07-03-2018 that the trial is at the verge of the conclusion. Considering the period already undergone by the petitioner and the fact that there is no allegation of commission of rape against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with POCSO Regd. No.27/2017 arising out of Mahila (Bhabhua) Police Station Case No.33 of 2016, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T