Tinu Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3937 of 2016 Arising Out of PS.Case No. -92 Year- 2015 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Tinu Paswan

2. Sandhir Paswan @ Sudhir Paswan Both sons of Nathuni Paswan Resident of village - Bhatta, Pethia @ Bhattha Chowk, P.S. Rajapakar, O.P. Baranti, District - Vaishali .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Satya Prakash Sinha, Adv. For the Opposite Party/s : Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Rajapakar (Baranti O.P.) P.S. Case No. 92/2015, disclosing offences under section 367 of the Indian penal Code. The concerned Rajapakar P.S.Case No. 92/2015 has been registered on the basis of a complaint case filed by the informant after having been referred to under section 156(3) of the Code of Criminal Procedure. The allegation is that the petitioners had persuaded the informant's husband to come alongwith them for employment to some other place, whereafter he did not return. Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.3937 of 2016 (3) dt.04-03-2016 husband of the informant was mentally sick and the petitioners have been maliciously implicated and that there is no material against these petitioners, over and above the allegations made in the complaint petition.

Considering the submissions as above, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Rajapakar (Baranti O.P.) P.S.Case No. 92/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U