Chhotu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6373 of 2020 Arising Out of PS. Case No.-71 Year-2019 Thana- SURYAPUR District- Rohtas ====================================================== CHHOTU PASWAN S/o Madan Paswan R/o village- Bharkuria Kala, P.S.- Suryapura, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 18-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 363, 366(A), 504, 506/34 of the Indian Penal Code.

Informant has alleged that on 17.05.2019 one Rahul Singh enticed away his minor daughter namely Babli Kumari to solemnize marriage with her. He took her away on a motorcycle which is alleged to be of petitioner. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. He has no concern with Rahul Singh or his eloping with the

Patna High Court CR. MISC. No.6373 of 2020(2) dt.18-06-2020 2/3 daughter of informant. It is further submitted that co-accused Rahul Singh with whom daughter of the informant has eloped, has already been granted bail by a co-ordinate Bench of this Court, as contained in Annexure 2. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Suryapura P.S. Case No.71 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.6373 of 2020(2) dt.18-06-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T