Pintu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60617 of 2018 Arising Out of PS.Case No. -142 Year- 2018 Thana -LADANIA District- MADHUBANI ======================================================

1. Pintu Paswan S/o Ram Charitra Paswan @ Chalitar Paswan, R/o Vill.- Sidhap, P.S.- Ladania, Distt.- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Ladania P.S.Case No.142 of 2018 dated 7.7.2018 G.R.No.59 of 2018 registered for offences punishable under Sections 363 and 366(A) of the Indian Penal Code and Section 12 of POCSO Act. Allegation against the petitioner is about kidnapping of the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that the statement recorded under Section 164 of the Cr.P.C. itself shows that she is a consenting party and further no other overtact has been alleged against the petitioner. The petitioner is in custody since 9.7.2018.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.60617 of 2018 (2) dt.06-10-2018 2/2 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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of 1st Addl. Sessions Judge-cum-Special Judge (POCSO Act) Madhubani in connection with Ladania P.S.Case nO.142 of 2018 dated 7.7.2018 G.r.No.59 of 2018. With 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) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T