Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3618 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- MANER District- Patna ====================================================== Chandan Paswan, s./o.Late Ram Kumar Paswan Resident of Village- Karanja, P.S. Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 363, 365, 34 IPC registered in connection with Maner P.S. Case No. 219/2018.

3. It is submitted that the petitioner has been falsely implicated as evident from the deposition of the so-called victim girl recorded under Section 164 Cr.P.C. wherein it has been stated that she voluntarily accompanied the petitioner to Hyderabad and solemnised marriage in a temple. According to the medical report, her age is assessed to be between 17 and 20 years. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Ms. Nutan Kumari, learned J.M.Ist Class, Danapur, Patna, in connection with Maner P.S. Case No. 219/2018 subject to the conditions as laid down

Patna High Court Cr.Misc. No.3618 of 2019(2) dt.25-01-2019 2/2 under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T