Sikesh Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61601 of 2017 Arising Out of PS. Case No.-301 Year-2017 Thana- RANIGANJ District- Araria ======================================================

1. Sikesh Paswan, Son of Balweer Paswan,

2. Jeewan Paswan @ Jeewan Pawa, Son of Yogendra Paswan,

3. Sunil Paswan, son of Brahmadev Paswan

4. Brahmadev Paswan Son of Late Thethar Paswan,

5. Bijli Devi, Wife of Brahmadev Paswan, All resident of VillageParihari, P.S.- Raniganj, Districct- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. YOGENDRA KR. SINGH (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsel for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 366A/34 of the IPC. The prosecution case is that on 9.8.2017 at 11.15 hours when the informant returned from his agricultural field her son Brajesh Kumar stated that her daugher Kajal Kumari, aged 13 years, has been taken away by the co accused Sujeet Kumar Paswan and the petitioner nos. 1 and 2, as they were seen sitting in an autorickshaw. The informant approached the accused persons and their parents but they stated that co-accused Sujeet has taken away the daughter of the informant, namely, Kajal Kumari when petitioner no. 1 and co-accused Sujeet demanded

Patna High Court Cr.Misc. No.61601 of 2017(2) dt.20-12-2017 2/2 Rupees Fifty Thousand for recovery of the victim. It is submitted by learned counsel for the petitioners that in her statement recorded under section 164 of the Cr.P.C., the victim got her age recorded as 16, years whereas the court assessed her age as 17 years, while she stated that she of her own eloped with Sujeet Paswan and has married him. The victim has not even named the petitioners in her statement under section 164 of the Cr.P.C.

Considering the statement of the victim under section 164 of the Cr.P.C, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Araria in connection with Raniganj P.S. Case No.301 of 2017.

(Dinesh Kumar Singh, J) anil/- U