Rupraj Paswan @ Rup Shri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24440 of 2024 Arising Out of PS. Case No.-356 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Rupraj Paswan @ Rup Shri, male, aged about 30 years, son of Arun Kumar Arun @ Sunil Paswan, resident of village- Bhairopur, PS- Bidupur, DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishore, Advocate Ms. Jyoti Kumari, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Bidupur PS Case No.356 of 2023 dated 24.06.2023, instituted under Sections 363. 366-A of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons had kidnapped the niece of the informant for marrying her.

4. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. Further submission is that the victim has been recovered and her statement under Section 164 Cr. P.C. was recorded and presently she is in Remand Home, Patna. The victim in her statement under Section 164 Cr.P.C. has denied the allegation of

Patna High Court CR. MISC. No.24440 of 2024(2) dt.01-05-2024 2/2 kidnapping and stated that out of her own sweet will she had left the home of her parents and, thus, no case under Section 363, 366-A of the Indian Penal Code is made out against the petitioner and others. Learned counsel further submits that as a matter of fact name of the petitioner has been given in this case only on suspicion as the family members were under the impression that the petitioner used to pressurize the victim while going to school. Lastly, it has been submitted that the petitioner has one criminal case pending against him.

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 the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in Bidupur PS Case No.356 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