Deo Nandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48123 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================

1. Deo Nandan Paswan, Son of Salo Paswan alias Shailendra Paswan, Resident of Village- Miyan Bigha, P.S.- Sheikhopur Sarai, DistrictSheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Shekhopur Sarai P.S.Case No. 19 of 2018 and POCSO Case No. 4 of 2018, registered for offences punishable under Sections 363, 366 (A) of the Indian Penal Code and Section 08 of POCSO Act . As per F.I.R. allegation against the petitioner is that the petitioner along with other co-accused persons is of kidnapping the minor daughter of the informant. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in the case and on perusal of F.I.R., Medical report as well as statement of the girl recorded under Section 164 Cr. P.C. it appears that there is love affairs between the petitioner and victim girl and it

Patna High Court Cr.Misc. No.48123 of 2018 (3) dt.27-09-2018 2/2 is not a case of kidnapping and they were living in Delhi and the petitioner is in custody since 02.06.2018 and charge sheet has been submitted against the petitioner.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned learned 1st Additional District and Sessions Judge, Sheikhpura in POCSO Case No. 4 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T