Hareram Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83010 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- JHANJHARPUR District- Madhubani ====================================================== HARERAM PASWAN SON OF YOGI PASWAN RESIDENT OF VILLAGE- MDHEPUR, P.S.- MADHEPUR, DISTRICT- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Kumar Verma, Adv For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with POCSO G.R. No. 107 of 2023 arising out of Jhanjharpur P.S. Case No. 55 of 2023 registered on 02.04.2023 lodged under Sections 363, 366-A, 376 of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against the present petitioner with allegation that he has kidnapped the daughter of the informant with a view to marry.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 19.05.2023 having no criminal case pending against him. Charge-sheet has already been filed in this case. Counsel submits that the case diary has been called for and statement under 164 of Cr.P.C. has been received. He submits
Patna High Court CR. MISC. No.83010 of 2023(3) dt.07-03-2024 2/2 that it has accepted by victim that they are well known to each other prior to marriage and negotiation of marriage was going on between at the level of guardian but anyhow mother of the victim (informant) was not ready for marriage.
5. Learned counsel for the State opposes the prayer for bail and submits that under section 164 Statement, she has told that petitioner had kidnapped her and married the informant's daughter forcefully.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if the charge is not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII-cum-Special Judge (POCSO Court) in connection with POCSO G.R. No. 107 of 2023 arising out of Jhanjharpur P.S. Case No. 55 of 2023, subject to conditions laid down under Section 437 (3) of the Cr.P.C.
(Dr. Anshuman, J) Sunnykr/- U