Gopi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21355 of 2018 Arising Out of PS.Case No. -95 Year- 2017 Thana -SIKTI District- ARRARIA ====================================================== Gopi Paswan, son of Dilip Paswan, Resident of Village- Kuan Pokhar, P.S.- Sikti, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 12.07.2017 in connection with Sikti P.S. Case No.95 of 2017 registered for the offence under Sections 363 and 366A of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the victim girl in her statement made under Section 164 Cr.P.C. has not alleged any sexual attack on herself. It is further submitted that there was some involvement between the petitioner and the girl, who have been contacting for the past two days. Learned counsel for the petitioner submits that save and except the said statement, there is no

Patna High Court Cr.Misc. No.21355 of 2018 (3) dt.08-05-2018 2/3 further material in the case diary and it appears that there is earlier relationship between the two parties. In view of the aforementioned facts and circumstances and the period of custody which the petitioner has already been, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Sikti P.S. Case No.95 of 2017, subject to the following conditions :

(1) One of the bailors will be his own blood relative, preferably, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the

Patna High Court Cr.Misc. No.21355 of 2018 (3) dt.08-05-2018 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T