Ganpati Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9342 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== GANPATI PASWAN SON OF LATE POSI PASWAN R/O VILLAGEJHAPANI, P.S.- MEDINI CHAUKI, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

Considering the submission of learned counsel for the petitioner, learned counsel for the petitioner is permitted to make necessary correction in satisfaction portion of the present bail petition, during course of day.

The petitioner seeks bail in connection with Medini Chauki P.S. Case No. 33 of 2021 registered for the offence under Sections 366(A)/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 22.03.2021.

The allegation against the petitioner is to involved in

Patna High Court CR. MISC. No.9342 of 2022(3) dt.14-11-2022 2/3 kidnapping of daughter of informant along with other coaccused persons/family members, for the purpose of illicit intercourse.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been implicated in the present case falsely, for the only reason that he is the father of main coaccused, namely, Prahlad Kumar. It is also pointed that FIR is not disclosing the status of victim, whether, she was major or minor, on the date of occurrence, for the simple reason, that the alleged victim / daughter of informant was major, on the date of occurrence, where, out of love affairs, both run away and solemnized their marriage out of their sweet will. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP for the State, opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as the thrust of allegation is available against the son of this petitioner, namely, Prahlad Kumar coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection

Patna High Court CR. MISC. No.9342 of 2022(3) dt.14-11-2022 3/3 with Medini Chauki P.S. Case No. 33 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Lakhisarai/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T