Patna High CourtCR. MISC./5154/2019allowed

Raju Paswan And ANR v. The State Of Bihar

2019-01-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5154 of 2019 Arising Out of PS. Case No.-393 Year-2018 Thana- FATUA District- Patna ======================================================

1. Raju Paswan Son of Late Shivmangal Paswan R/o- at present Sipara, P.S.- Beur, District - Patna Permanent Address Village- Janipur Nagwan, P.S.- Janipur, District - Patna

2. Munni Devi @ Muna Das W/o Raju Paswan R/o- at present Sipara, P.S.- Beur, District - Patna Permanent Address Village- Janipur Nagwan, P.S.- Janipur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nirmal Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-01-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioners. Petitioners are in custody in connection with Fatuha PS Case No. 393 of 2018 for the alleged offence punishable under Sections 363/365/34 of the Indian Penal Code. Petitioners are cousin sister and brother-in-law of Rakesh Kumar against whom there is allegation that he eloped and took the victim to Delhi. Learned counsel representing the petitioner submits that as per the statement of the victim under Section 164, CrPC it appears that she voluntarily joined wedlock with the said Rakesh Kumar. Rakesh Kumar was

Patna High Court Cr.Misc. No.5154 of 2019(2) dt.30-01-2019 2/2 earlier granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 54367 of 2018 vide order dated 26.11.2018. He further submits that petitioners have been falsely implicated in the case and they are in custody since 22.10.2018. Considering the fact that the victim girl is already in wedlock with said Rakesh Kumar and the petitioners have remained in custody for more than three months, this application is allowed. Accordingly, let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate -Vth, Patna City, Patna in connection with Fatuha PS Case No. 393 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T