Patna High CourtCR. MISC./54795/2017bail granted

Udai Paswan v. The State Of Bihar

2017-12-15Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54795 of 2017 Arising Out of PS.Case No. -184 Year- 2017 Thana -JAMUI District- JAMUI ====================================================== Udai Paswan, Son of Manoj Paswan, Resident of Village- Bhandra, P.S.- Barahat, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto, Advocate. For the Opposite Party/s : Mr. Yogendra Kr. Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jamui P.S. Case No. 184 of 2017 registered under Section 366(A) of the Indian Penal Code. Daughter of the informant is said to have been kidnapped by the petitioner in association of his friend and she was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that the victim happens to be major and she was in love with the petitioner but suo motu out of her sweet will eloped with the petitioner but subsequently under pressure of her parents gave statement under Section 164 Cr.P.C. in support of the prosecution case. There is no allegation of any sexual abuse against the

Patna High Court Cr.Misc. No.54795 of 2017 (2) dt.15-12-2017 2/2 petitioner. Doctor has found the age of the victim about 18 years and also not found any sign of rape against her. As the victim was major, hence no offence under Section 366(A) I.P.C. is made out against the petitioner rather under Section 363 I.P.C. if any which is bailable. The petitioner has been languishing in custody since 18.06.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 184 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T