Ram Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20250 of 2016 Arising Out of PS.Case No. -80 Year- 2014 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Ram Babu Paswan son of Ram Bilash Paswan, Resident of village- Nirpur Bhararia, P.S.- Singhia, District- Samsatipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raja Ram Mishra, Advocate. For the Opposite Party : Mr. Mukesh Kr.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 9702 of 2015 dated 24.04.2015. This is the second attempt for bail on behalf of the petitioner. The petitioner is languishing in custody in connection with Singhia P.S. Case No. 80 of 2014, S.T. No. 533 of 2015 for the offence instituted under Section 366A of the Indian Penal Code.

The prosecution story in brief, is that the daughter of the informant namely, Priyanka Kumari, aged about 14 years, who was studying in 9th class in Tara Munna Academy High School, left the house on 11.06.2014 but did not return till 3.00 P.M., then the informant started searching his daughter and during search, he came to know that the petitioner who used to visit the village of

Patna High Court Cr.Misc. No.20250 of 2016 (3) dt.18-07-2016 2/2 the informant enticed her away with allurement of marriage and the petitioner with intention to marry with her, kidnapped her. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.07.2014. The charge has been framed. The petitioner has got no criminal antecedent. It is further submitted that there is no allegation of tampering with the evidence against the petitioner. The said occurrence has taken place due to love affair between the petitioner and the victim. It has further been submitted that a petition has been filed by the informant in the court below vide Annexure-3 stating therein that the present case has been instituted due to mistake of fact. On behalf of the state it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Rosera, Samastipur, in connection with Singhia P.S. Case No. 80 of 2014, bearing S.T. No. 533 of 2015. (Sudhir Singh, J.) Amit/- U T