Ram Suresh Paswan @ Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21351 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- BATHNAHA District- Sitamarhi ====================================================== Ram Suresh Paswan @ Suresh Paswan Son Of Late Tejnarayan Paswan R/O Village- Dighi, P.S.- Bathnaha, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar- Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in connection with Bathnaha P. S. Case No.221 of 2020 registered for the offences punishable under Sections 366A, 34 of the I.P.C.

From bare perusal of the F.I.R., it would manifest that the informant has specifically alleged that her daughter was taken away by Randhir Paswan on a motorcycle and when he started search, he came to know from Makbul Baitha and Suleman Sah that they have seen Randhir Paswan was driving the motorcycle and his daughter was seated in the middle and behind her, the present petitioner Ram Suresh Paswan @ Suresh Paswan was seated. Thereafter, he alleged that when he disclosed the fact to the parents of Randhir Paswan then they started abusing.

Learned counsel for the petitioner submits that the informant initially had specifically alleged that it was Randhir Paswan, who had taken her daughter on a motorcycle. If the present

Patna High Court CR. MISC. No.21351 of 2021(2) dt.16-11-2021 2/2 petitioner would have been present, his name should have also surfaced in the F.I.R., but in order to make out a case that Randhir Paswan forcibly took the daughter of informant. It is alleged that Ram Suresh Paswan @ Suresh Paswan was sitting behind the back of the motorcycle to create an impression that the daughter of the informant was forcibly kidnapped. Learned counsel for the petitioner submits that the date of occurrence is 01.10.2020 and the F.I.R. has been instituted on 03.10.2020 and the same has not been explained in the f.I.R.

Learned A.P.P. vehemently opposes the bail application. Considering that the petitioner is person with clean antecedent and is in custody since 11.12.2020 and charge-sheet has been submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P. S. Case No.221 of 2020.

(Satyavrat Verma, J) vikash/- U T