Sheshnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2860 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- LAURIA District- West Champaran ====================================================== SHESHNATH PASWAN SON OF BHIKHARI PASWAN R/O VILLAGEKHUTIYA INDU BISHAMBHARPUR, P.S.- MAJHAULIYA, DISTRICTWEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence under Sections 366(A) of the Indian Penal Code.

As per allegation in the FIR, three accused persons including the petitioner have abducted the minor daughter (12 years) of the informant from his house in his absence. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet

Patna High Court CR. MISC. No.2860 of 2023(3) dt.01-05-2023 2/2 will, she has eloped from her house and went to Delhi and performed marriage with the petitioner. She has not raised her finger against the petitioner for any overt act even of physical relationship. Petitioner has no criminal antecedent and he is languishing in judicial custody since 10.11.2022 Learned APP appearing for the State has opposed the prayer of Bail and submitted that as per medical report, age of victim girl has been assessed by the doctor between 14-16 years. Having heard learned counsel for the parties and in the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. He will be enlarged 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 learned Additional Sessions Judge VII-cum-Special Judge POCSO, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 340 of 2022.

(Sunil Kumar Panwar, J) sushma/- U