Shiv Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14679 of 2015 Arising Out of PS.Case No. -111 Year- 2014 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ====================================================== Shiv Paswan Son of Late Aklu Paswan resident of village - Khaddi Lodipur, P.S. Telhara, District - Nalanda .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Ajay Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2015 Heard counsel for the petitioner and the State. The petitioner seeks bail in Telhara P.S. Case No. 111 of 2014 registered under section 366-A/34 IPC. While the victim was out of her house in order to ease in the morning along with her aunty, it is alleged that two accused persons named in the FIR along with their father forcibly kidnapped her. After some days, the victim was restored to the family whereafter her statement under section 164 Cr. P.C. was recorded wherein while alleging the kidnapping at the hands of the accused persons named in the FIR she has also named the petitioner as one who was present.
Learned counsel for the petitioner submits that there is no
Patna High Court Cr.Misc. No.14679 of 2015 (3) dt.22-06-2015 2 / 2 allegation of sexually assaulting the victim. The petitioner has lodged at least two cases much prior to the present one against the father and the family members of the victim. He is languishing in jail since 28.10.2014.
In the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M. Hilsa in Telhara P.S. Case No. 111 of 2014 on condition that one of the bailors of the petitioner shall be his own/close family member. No sooner the charges are framed, the petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates the trial court shall cancel his bail bonds.
(Kishore Kumar Mandal, J) HR/- U