Patna High CourtCR. MISC./10255/2017bail granted

Sunil Kr. Paswan @ Sunil Paswan v. The State Of Bihar

2017-03-28Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10255 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -BAUNSI District- ARRARIA ======================================================

1. Sunil Kr. Paswan @ Sunil Paswan S/o Birjanand Paswan, Resident of Village- Mahsaily, P.S.- Bounsi, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 The petitioner is in custody since 18.12.2016 in connection with Bousi P.S. Case No. 138 of 2016, registered for offences punishable under Sections 363, 366A/34 Indian Penal Code.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case as there was love affair between the brother of the petitioner and victim girl and she has gone out with the brother of the petitioner out of her own sweet will and performed marriage and that has also been supported by statement of the girl recorded under Section 164 Cr.P.C. and the petitioner has been in judicial custody since 18.12.2016. Learned counsel for the State also could not controvert

Patna High Court Cr.Misc. No.10255 of 2017 (3) dt.28-03-2017 2/3 the above fact.

Considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent and the girl in her statement recorded under Section 164 Cr.P.C has stated that she had gone with the brother of the petitioner out of her own sweet will, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Araria, in connection with Bousi P.S. Case No. 138 of 2016, subject to following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

Patna High Court Cr.Misc. No.10255 of 2017 (3) dt.28-03-2017 3/3 court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U