A.B.A./2598/2014 of AJAY PASWAN AND ANR Vs The State Of Jharkhand on 23 December 2014

1. Ajay Paswan

2. Upendra Paswan

..... … Petitioners

Versus

The State of Jharkhand .…. … Opposite Party

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CORAM : HON’BLE MR. JUSTICE H. C. MISHRA ------ For the Petitioners : Mr. Jai Shankar Tripathi, Advocate. For the State : A.P.P. -------- 03/ 23.12.2014 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrests in connection with Husainabad P.S. Case No. 15 of 2014 (POCSO 1/14) corresponding to G.R. No. 260 of 2014, for the alleged offences under Sections 376-G of the Indian Penal Code and Section 6 of the POCSO Act.

Though, there is allegation against these petitioners to have committed gang rape upon the informant, but the statement of the informant has been recorded, under Section 164 of the Cr.P.C., wherein she has admitted that she has instituted false case against these petitioners under the pressure.

In the facts of the case, I am inclined to grant anticipatory bail to the petitioners, Ajay Paswan and Upendra Paswan. Accordingly, it is directed that in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Special Judge, POCSO, Daltonganj at Palamau, in connection with Husainabad P.S. Case No. 15 of 2014 (POCSO 1/14) corresponding to G.R. No. 260 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Amitesh/-

( H. C. Mishra, J.)