Patna High CourtCR. MISC./8098/2024allowed

Guddu Paswan v. The State Of Bihar

2024-02-19Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8098 of 2024 Arising Out of PS. Case No.-573 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== Guddu Paswan S/O - Late Rambihari Paswan R/O - Village- Brahmpur, P.s - Brahmpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Brahmpur P.S Case No. 573 of 2018 registered for the offences punishable under Sections 363, 366A, 376D, 370, 368, 342, and 34 of the I.P.C and Section 4 of the POCSO Act 2012 and Section 04/05 immoral trafficking Act.

3. As per allegation in the FIR, informant's daughter went to School but did not return. It is further alleged that informant has strong suspicion that petitioner along with other co-accused persons have

Patna High Court CR. MISC. No.8098 of 2024(2) dt.19-02-2024 2/3 enticed way her daughter.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there is no directed material against the petitioner in the abduction of informant daughter. In similar condition co-accused have granted bail by the Co-ordinate Bench of this Court vide order dated 13.12.2023 passed in Cr. Misc. No. 67133 of 2023. It is also submitted that petitioner is in judicial custody since 13.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J VIth Cum Special Judge POCSO court at Buxar in

Patna High Court CR. MISC. No.8098 of 2024(2) dt.19-02-2024 3/3 connection with Brahmpur P.S Case No. 573 of 2018.

7. The petitioner will mark his attendance at Brahmpur Police Station on the first and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitoner.

(Ramesh Chand Malviya, J) Mayank/- U T