Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37121 of 2015 Arising Out of PS.Case No. -75 Year- 2015 Thana -BATHNAHA District- SITAMARHI ====================================================== Sanjay Paswan son of Late Snehi Paswan, resident of Village- Dharampur, Police Station- Bathnaha, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail custody since 4.4.2015 in connection with Bathnaha P.S. Case no. 75 of 2015 for the offences alleged under Sections 363 and 366A of the Indian Penal Code.

The prosecution case as alleged in the F.I.R. is that daughter of the informant, aged about 14 years, was kidnapped by the petitioner and his family members for the purpose of getting her married with the brother of the petitioner. It has been submitted by the learned counsel for the petitioner that the victim girl has filed an application before the Superintendent of Police, Sitamarhi, as well as an affidavit before the learned Chief Judicial Magistrate, Sitamarhi, claiming her age to be 19 years and it has also been stated that her age has wrongly been recorded in the F.I.R. and she has married to one Udai Paswan. It has further been submitted that three other co-accused have been granted privilege of anticipatory bail by a coordinate Bench of this Hon'ble Court vide Cr. Misc. no. 35560 of 2015 dated 21.8.2015 on same and similar allegation. I do not propose

Patna High Court Cr.Misc. No.37121 of 2015 (2) dt.31-08-2015 2 / 2 to take a different view as the allegation is of similar nature. Under such circumstances, let petitioner, namely, Sanjay Paswan, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Bathnaha P. S. Case no. 75 of 2015. (Nilu Agrawal, J) sudip/- U T