Munna Paswan Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Munna Paswan Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, VIIth-cum-Exclusive Special Court, (POCSO) Act, Rohtas, subject to the condition of cooperating in the disposal of trial and making himself available as and when required by the court.

Issue for consideration

Whether the petitioner, arraigned in Dawath P.S. Case No. 152 of 2017 for offences under Sections 363, 365, 366(A), 376(D), 354(B), 509, 120(B), 34 IPC, Section 8 POCSO Act and Section 66(c)(D) I.T. Act, should be released on regular bail.

Court's answer

Having considered the facts and circumstances, the petitioner's clean antecedents and the period of incarceration, the petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, VIIth-cum-Exclusive Special Court, (POCSO) Act, Rohtas.

Ratio / Principle

The bail is subject to the condition that the petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J) granted regular bail to Munna Paswan in connection with Dawath P.S. Case No. 152 of 2017, District Rohtas, registered for offences under Sections 363, 365, 366(A), 376(D), 354(B), 509, 120(B) and 34 of the Indian Penal Code, Section 8 of the POCSO Act and Section 66(c)(D) of the I.T. Act. Rape was alleged against co-accused Nitish Kumar and Hemant Kumar; the petitioner's alleged role was running a dance party and procuring the victim from the co-accused persons. Counsel submitted that the Medical Report ascertained the victim's age as 18-19 years, that co-accused Hemant Kumar had already been granted bail by a coordinate Bench, and that the petitioner, in custody since 07.11.2023, had no criminal antecedents. Considering these facts, the clean antecedents and the period of incarceration, the court released the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, VIIth-cum-Exclusive Special Court, (POCSO) Act, Rohtas, subject to the condition that he cooperate in the disposal of the trial and remain available as and when required by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21122 of 2024

Arising Out of PS. Case No.-152 Year-2017 Thana- DAWATH District- Rohtas

======================================================

Munna Paswan SON OF JAGNARAYAN PASWAN RESIDENT OF VILLAGE- KATHINAR, PS- NAWANAGAR, DISTT- BUXAR

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Deovind Kumar Singh For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 29-07-2024

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Dawath P.S. Case No. 152 of 2017, registered for the offences punishable under Sections 363, 365, 366(A), 376(D), 354(B), 509, 120(B), 34 of the Indian Penal Code and Section 8 of POCSO Act and 66(c)(D) of I.T. Act.

As per allegation, co-accused Nitish Kumar took some photographs of the victim and established sexual relations with her. Co-accused, Hemant, a friend of Nitish, also established sexual relations with her. The allegation against the petitioner is that he was running a dance party and procured the victim from co-accused persons.

Patna High Court CR. MISC. No.21122 of 2024(4) dt.29-07-2024 2/2

Learned counsel for the petitioner has submitted that the allegation of rape is not against the petitioner. The age of the victim has been ascertained in Medical Report from 18-19 years. His further submission is that co-accused Hemant Kumar against whom there is allegation of rape has been granted bail by a coordinate Bench. The petitioner is under custody since 07.11.2023 having no criminal antecedents.

Considering the above-mentioned facts and circumstances, clean antecedents as well as the period of incarceration, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District Judge, VIIth-cum-Exclusive Special Court, (POCSO) Act, Rohtas in connection with Dawath P.S. Case No. 152 of 2017 , subject to the following condition:-

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

SONALI/- U T