Chandan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3201 of 2019 Arising Out of P.S. Case No.-306 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== Chandan Paswan aged about 20 years, Gender-Male, son of Ravindra Paswan Resident of Village - Sirisiya, Police Station - Chanpatiya (Sirisiya), District - West Champaran at Bettiah.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Shanker Prasad, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 31.08.2018 in connection with Bairiya P.S.Case No.306 of 2018 for the offence alleged under Sections 363, 366(A) and 34 of the Indian Penal Code.
The prosecution case as lodged by the informant is that his 16 year old daughter who was living with maternal uncle since last six months has been kidnapped by the petitioner and three other co-accused.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He further
Patna High Court Cr.Misc. No.3201 of 2019(2) dt.24-01-2019 2/3 submits that the victim girl in her statement under Section 164 of the Cr.P.C. has herself stated that she had gone to her friends place on her own sweet will and no one has kidnapped her. The informant has also filed a petition before the Additional Chief Judicial Magistrate-VIII, Bettiah, West Champaran that due to misconception, a case has been lodged against the petitioner and other accused. It is further submitted that two of the co-accused have already been granted the privilege of bail on similar allegations by a coordinate Bench of this Court in Cr.Misc.No.71792 of 2018 dated 07.12.2018. He further submits that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record and that similarly situated co-accused have been granted the privilege of bail, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bairiya P.S.Case No.306 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bettiah, West Champaran, subject to the
Patna High Court Cr.Misc. No.3201 of 2019(2) dt.24-01-2019 3/3 condition:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T