Vivek Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13174 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- DINARA District- Rohtas ====================================================== 1.

VIVEK PASWAN S/o Barmeshwar Paswan, Resident of Village- Awandhi, P.S.- Dawath, Distt- Rohtas.

2.

Santosh Paswan S/o Late Babu Lal Paswan, Resident of Village- Awandhi, P.S.- Dawath, Distt- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinay Raj For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-11-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners apprehend their arrest in connection with Dinara (Bhanas) P.S. Case No. 133 of 2019 registered for offence punishable under sections 363, 366 (a) of the Indian Penal Code.

As per allegation, the accused persons have kidnapped the minor daughter of the informant.

Learned counsel for the petitioners has submitted that the victim herself turned up in the police station and her statement under section 164 Cr. PC was recorded. The victim even did not whisper the name of the petitioner, rather she has

Patna High Court CR. MISC. No.13174 of 2020(2) dt.02-11-2021 2/2 stated that she along with co-accused Raj Nath went to Haryana and solemnized marriage with him. She had love and affection with Raj Nath and her parents used to assault her and it was the reason that she went with Raj Nath.

On the other hand, learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the fact that even the victim even did not whisper the name of the petitioner in the statement recorded under section 164 Cr. PC., let the petitioners above named, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Dinara (Bhanas) P.S. Case No. 133 of 2019, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey , J) Mahesh/- U T