Patna High CourtCR. MISC./26314/2015bail granted

Satyendra Paswan @ Karan Paswan v. The State Of Bihar

2015-07-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.26314 of 2015 (2) dt.28-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26314 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Satyendra Paswan @ Karan Paswan, son of Sri Ram Sreshtha Paswan, resident of village Bishunpur Giddha, P.O.- Susta, P.S.- Maniyari, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 23.3.2015 in a case registered under sections 363 and 364A/34 of the Indian Penal Code. Petitioner is not named in the first information report but in course of investigation, name of the petitioner surfaced in this case. The statement of victim has been recorded under section 161 of the Cr.P.C but it is surprising enough that the Investigating officer did not take any step to get the statement of the victim recorded under section 164 of the Cr.P.C, although in her statement recorded under section 161 of the Cr.P.C, victim stated about involvement of the petitioner but submission on behalf of the petitioner is that victim was in love and she had voluntarily left her home.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.26314 of 2015 (2) dt.28-07-2015 submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Vashali P.S. Case no. 52/2015. shahid (Hemant Kumar Srivastava,J) U T