Manish Kumar Paswan @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11013 of 2024 Arising Out of PS. Case No.-431 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Manish Kumar Paswan @ Manish Kumar S/o Gauree Paswan R/o VillageParmanandpur, Ward No. 01, Srimanpur, P.S.-Ashok Paper Mill, DistrictDarbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shishir Shwetank Sudarshan, Advocate For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Lahariasarai Ashok Paper Mill P.S. Case No. 431/2023 lodged on 11.09.2023 under Sections 363, 365, 366, 366A of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against unknown accused persons alleging therein that some unknown accused persons used to disturb the daughter of the informant and ultimately make the daughter of the informant disappeared.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the victim and the petitioner are in love affair and the victim went in
Patna High Court CR. MISC. No.11013 of 2024(2) dt.22-02-2024 2/3 the company of the petitioner with her own sweet will. During medical examination, the age of the victim has been assessed as 20 years. On recovery, the victim got her statement recorded under Section 164 of the Cr. P.C. in which she has stated that she solemnized marriage with the petitioner with her own free will. The petitioner is in custody since 18.11.2023 and is accused in two more criminal cases.
5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the antecedent of the petitioner is not clean.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of CJM, Darbhanga, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
7. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :-
Patna High Court CR. MISC. No.11013 of 2024(2) dt.22-02-2024 3/3 (i) Ashok Paper Mill P.S. Case No. 5/2022 (ii) Ashok Paper Mill P.S. Case No. 120/2022 (Dr. Anshuman, J) Ashwini/- U T