Naresh Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.9177 of 2016 (2) dt.30-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9177 of 2016 Arising Out of PS.Case No. -184 Year- 2014 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Naresh Paswan, S/o Daroga Paswan, resident of Mohalla - Church Road, Mithanpura Paswan Tola, P.S. Mithanpura, Districtt - Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate. For the Opposite Party/s : Mr. Ram Naresh Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Mithanpura P.S. Case No. 184 of 2014 registered under Sections 363/34, 363(A), 368 and 120(B) of the Indian Penal Code. The accusation is that Ayush Kumar, minor son of the informant, was found missing in the morning of 22.06.2014. Later on, one Saket Paswan informed to the informant that petitioner carried his son on Tempo towards Mithanpura. When the informant approached to the house of the petitioner then he found absent. Informant raised suspicion about kidnapping of his son by the petitioner and one Garib Nath Paswan.
Learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.9177 of 2016 (2) dt.30-03-2016 petitioner and informant are resident of same Mohallah due to that reason petitioner has falsely been implicated in this case mere on suspicion, in fact, boy was found in the house of Jai Lal Paswan, who is belonging to the same Mohallah. Further submission is that prayer for bail of the petitioner was earlier rejected at that stage on 04.03.2015 vide Criminal Misc. No. 46902 of 2014 and the petitioner is in custody since 25.06.2014 for about one year nine months.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Muzaffarpur, in connection with Mithanpura P.S. Case No. 184 of 2014. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T