Deepak Paswan @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18276 of 2023 Arising Out of PS. Case No.-506 Year-2019 Thana- MASAUDHI District- Patna ====================================================== DEEPAK PASWAN @ DEEPAK KUMAR Son of Jitan Paswan Resident of Village- Bhakhara, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code pending in the learned court below.

3. Petitioner along with other co-accused person is involved in the kidnapping of the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that alleged victim girl is major because the age of the girl has not been mentioned in the FIR and it has been stated in vague that victim is minor. He submits

Patna High Court CR. MISC. No.18276 of 2023(4) dt.08-09-2023 2/2 that there is no specific overt act against the petitioner. He further submits that there is specific allegation against the coaccused Vikky Paswan. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has supported the prosecution case. Hence, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Masaurhi P.S. Case No. 506/2019. Accordingly, his prayer for anticipatory bail is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering this fact that there is no specific overt act against the petitioner.

(Anjani Kumar Sharan, J) ajay/- U T