Patna High CourtCR. MISC./8359/2024disposed

Ajay Paswan @ Ajay Kumar Paswan v. The State Of Bihar

2024-02-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8359 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Ajay Paswan @ Ajay Kumar Paswan S/O- Mahendra Paswan R/O- VillageNawabganj, Ward No.- 5, P.S.- Teghra, Dist.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Teghra P.S. Case No. 227 of 2023 registered for the offence under Section 366(A) of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have kidnapped the victim girl.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the petitioner further relies on the Paragraph 9 of the bail petition and submits that the petitioner and the victim girl have married. Paragraph 9 of the bail petition reads as follows:- "That it is stated the victim girl eloped from her house voluntarily and presently both are married with each other."

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 21.08.2023.

Patna High Court CR. MISC. No.8359 of 2024(2) dt.22-02-2024 2/2

6. Learned APP for the State has vehemently opposed the prayer of the petitioner for grant of bail by contending that the victim girl in her statement before the police and the Court below has has supported the allegations against the petitioner.

7. Considering the aforesaid facts, this application is disposed of and the Court below is directed to verify the statement of the petitioner made in Paragraph 9 of the bail petition from the victim girl. If the Court below finds that the statement of the petitioner to be true then the petitioner, above named, be released on bail by the Court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Teghra P.S. Case No. 227 of 2023.

8. If the statement of the petitioner is found to be false then the bail bonds of the petitioner should not be accepted by the Court below.

9. With the aforesaid directions, this application stands disposed of.

(Sandeep Kumar, J) Vikas/- U T