Shravan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51613 of 2018 Arising Out of PS.Case No. -365 Year- 2018 Thana -JAHANABAD District- JEHANABAD ====================================================== Shravan Paswan S/o Kishan Pawan@ Krishn Paswan Resident of VillageDaulatpur P.S. Jehanabad (Karona), District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sadanand Paswan, Adv. For the Opposite Party/s : Mrs. Veena Rani Prasadd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Jehanabad P.S. Case No. 365/2018, registered for the offences punishable under Sections 341, 448, 54(B), 323, 379, 504 and 34 of the Indian Penal Code and under Section 8 and 12 of the P.O.C.S.O. Act. Informant alleged that on 08.05.2018, petitioner along with other co-accused misbehaved with her daughter and outraged her modesty while she was returning from Coaching. Informant complained to Mukhiya and Up-Mukhiya and on getting such information, petitioner and other co-accused persons entered into the house of informant, abused and assaulted them and also snatched cash, ornaments etc.

It has been submitted that petitioner has falsely been implicated in this case due to previous enmity. There is case and counter case. There is omnibus and general allegation against the petitioner.

Petitioner has no criminal antecedent. He is in custody since 28.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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, Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 365/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence

or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T