Manish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.768 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- DINARA District- Rohtas ====================================================== MANISH Paswan, S/o Late Hira Paswan, R/o village- Aawarhi, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Dinara (Bhanas) Police Station Case No. 133 of 2019, registered for the offences punishable under Sections 363/366-A/34 of the Indian Penal Code.

The allegation against the petitioner is that the minor daughter of the informant has been kidnapped by Rajnath Paswan with the help of the petitioner and other co-accused persons.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the

Patna High Court CR. MISC. No.768 of 2020(5) dt.27-05-2020 2/3 basis of the fact that he happens to be the elder brother of the co-accused Rajnath Paswan, with whom the daughter of the informant had love affairs and they performed marriage in a temple. He, referring to Annexure 4, which is the statement of the victim recorded under Section 164 of the Cr.P.C., submits that the victim girl has categorically stated in her statement that she has performed marriage with co-accused Rajnath Paswan out of her own accord. He further submits that the police have submitted final form not sending the petitioner for trial and charge sheet has been submitted only against co-accused Rajnath Paswan. He further submits that the petitioner is in judicial custody since 28.11.2019.

After having heard learned Counsel for the parties and taking into consideration the fact that the victim girl, in her statement under Section 164 of the Cr.P.C., has not alleged any overt act against the petitioner and the police have also submitted final form against the petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.768 of 2020(5) dt.27-05-2020 3/3 Magistrate, Bikramganj, in connection with Dinara (Bhanas) Police Station Case No. 133 of 2019.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √