Bipin Paswan @ Vipin Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20654 of 2024 Arising Out of PS. Case No.-617 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Bipin Paswan @ Vipin Paswan, male, aged about 50 years, son of Late Balo Paswan @ Balo Paswan, 2.

Sarmila Devi @ Sharmila Devi, female, aged about 45 years, wife of Bipin Paswan @ Vipin Paswan, Both resident of village- Khamhar (Khambhar), P.S.- Muffasil, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Muffasil PS Case No.617 of 2023 dated 20.10.2023, instituted under Sections 366-A, 504/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on the alleged date of occurrence at about 1.00 PM when the daughter of the informant was going to Kund Dhala Gautam Dham, Amarjeet Paswan and Rohit Paswan, sons of the petitioners, enticed her and both of them had taken her on a motorcycle and they had gone towards Manjhaul. When the informant alongwith his wife

Patna High Court CR. MISC. No.20654 of 2024(2) dt.15-04-2024 2/3 went to the house of Bipin Paswan to enquire the matter then the petitioners and one Sintu Kumar abused the informant and his wife. When the Panches enquired the matter, they accepted and assured that the daughter of the informant would return to her home within four days but they did not return the victim. The informant has apprehension that she might be sold for illegal purpose.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the main allegation of kidnapping is against Amarjeet Paswan and Rohit Paswan. Petitioners are the parents of Amarjeet Paswan and Rohit Paswan. The petitioners are not involved in the alleged crime in any manner. They have been made accused only because they are the parents of the main accused. It is further submitted that the alleged date of occurrence is 11.10.2023, whereas, the FIR has been lodged on 20.10.2023 i.e., after delay of nine days and there is no plausible explanation for the same. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.20654 of 2024(2) dt.15-04-2024 3/3 the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in Muffasil PS Case No.617 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T