Kundan Paswan @ Halkha Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16543 of 2024 Arising Out of PS. Case No.-612 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

KUNDAN PASWAN @ HALKHA PASWAN S/o Late Kishto Paswan Resident of Village-Maheshi, P.S.-Sultanganj, District-Bhagalpur. 2.

SAKSHI KUMARI D/o Kundan Paswan Resident of Village-Maheshi, P.S.- Sultanganj, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Sultanganj P.S. Case No.612/2023 for the offences punishable under Sections 366A/34 of the Indian Penal Code.

3. The petitioners are said to have abducted the minor grand-daughter of the informant.

4. The petitioners are quite innocent and have been falsely implicated in this case due to previous grudge and enmity. It is further submitted that the victim girl has been recovered and her statement under Section 164 Cr.P.C. has

Patna High Court CR. MISC. No.16543 of 2024(2) dt.14-03-2024 2/2 been recorded. The victim girl has been handed over to her parents. It is further submitted that another co-accused, namely, Rekha Devi and Beena Devi have been enlarged on anticipatory bail by the learned Court below itself. The petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

6. Considering the facts and circumstances of case as well as the fact that victim is minor, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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