Madhusudan Paswan @ Budhan Paswan @ Madhusudan @ Budhan @ Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54085 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -KAUAKOL District- NAWADA ====================================================== Madhusudan Paswan @ Budhan Paswan @ Madhusudan @ Budhan @ Ajay Paswan, S/o Rajendra Paswan, R/o Village- Gulni, P.S.- Pakriyawan, District- Nawadah.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sudhir Kumar Raj For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2018 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record.

Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in connection with Kawakole P.S. Case No. 20 of 2017 dated 26.02.2017 instituted for the offences under Sections 366(A)/34 of the Indian Penal Code.

The daughter of the informant was 12 years of age, who was taken away by the petitioner and others. Learned counsel for the petitioner has submitted that the petitioner has been residing in the village of the informant for a long time after the death of his parents. Mr. Sudhir Kumar Raj,

Patna High Court Cr.Misc. No.54085 of 2017 (4) dt.09-01-2018 learned counsel for the petitioner has submitted that in fact the petitioner has been forcibly married to the daughter of the informant at the instance of some of the co-villagers. This had happened because the daughter of the informant (victim) had an affair with the petitioner for a long time.

However, looking at the contents of the statement recorded under Section 164 of the Cr.P.C. of the victim, this Court is not inclined to grant bail to the petitioner. Regard being had to the fact that the petitioner is in custody since 04.03.2017, he is given the liberty to approach this Court again for grant of bail if there is no reasonable progress in the trial.

Accordingly, prayer for bail of the petitioner above named is rejected with the aforesaid observation. (Ashutosh Kumar, J) KKSINHA/- U T