Binay Paswan @ Binaye Kumar Paswan @ Vinay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73017 of 2019 Arising Out of PS. Case No.-65 Year-2018 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== Binay Paswan @ Binaye Kumar Paswan @ Vinay Paswan, aged about 25 years, Male, Son of Suresh Paswan Resident of Village- Tendua, P.S.- Karamchat, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-11-2019 Heard learned counsel for the parties.

The petitioner, apprehending his arrest in Karamchat P.S. Case No. 65 of 2018 registered for the offence under Section 354(A)(iv) of the Indian Penal Code and Section 8 of the POCSO Act, has prayed for grant of bail.

Learned counsel for the petitioner submits that as per F.I.R., while the informant was going to attend coaching class, the brother of the petitioner namely Sunil Paswan has passed certain vulgar words and bad comments against the informant and only being brother of said Sunil Paswan, the petitioner has also been implicated in the present case. Neither the petitioner has been named in the F.I.R. nor there is any whisper against him in the entire F.I.R. The petitioner has also got clean antecedent. On aforesaid ground, a prayer has been made for grant of anticipatory bail.

Patna High Court CR. MISC. No.73017 of 2019(2) dt.20-11-2019 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the petitioner above named 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 learned Additional Sessions Judge - 1st cum Special Judge, POCSO Act, Kaimur at Bhabua in connection with Karamchat P.S. Case No. 65 of 2018 on the following conditions:

(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J.) anay U T