Banti Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18688 of 2024 Arising Out of PS. Case No.-347 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Banti Paswan Son of Chandrika Paswan R/O Village-Jaitpur ward no. 9, P.S.- Pupri, Distt.-Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar Patna 2.

Sangeeta Kumari W/o Manoranjan Thakur R/o vill - Janipur Tola Khopi, P.S. - Nanpur, distt. - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Ranjan, Advocate For the Opposite Party :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nanpur P.S. Case No. 347/2023 dated 15.07.2023 registered for the offence punishable u/s 363 and 366A and 506 of the Indian Penal Code and the charge-sheet was submitted u/s 8 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant.

Patna High Court CR. MISC. No.18688 of 2024(5) dt.06-08-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that the petitioner took the victim to Delhi and Punjab and thereafter the petitioner threatened her to make video viral. Learned counsel has submitted that the victim did not raise any alarm while she was taken to Delhi and Punjab which creates doubt upon the prosecution story. It is further submitted that the victim was not forced to have illicit intercourse or seduced with another person. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.18688 of 2024(5) dt.06-08-2024 3/3 satisfaction of learned Court concerned, Sitamarhi in connection with Nanpur P.S. Case No. 347/2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T