Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19851 of 2019 Arising Out of PS. Case No.-571 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== DHARMENDRA PASWAN Son of Kodai Paswan, Resident of VillageBahilwara Khorampur, P.S- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 571 of 2018 for the offence punishable under Sections 366, 366(A) and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there is general and omnibus allegation against the petitioner and the specific allegation of kidnapping is attributed to the coaccused Mit Ranjan. The occurrence took place on 17.11.2018 whereas the F.I.R. has been registered on

Patna High Court CR. MISC. No.19851 of 2019(3) dt.01-05-2019 2/2 01.12.2018 after lapse of 13 days without explaining the delay. Moreover, the victim who is major has performed marriage with Mit Ranjan out of her own sweet will and an affidavit to that extent has also been filed by the victim in the court below, which is evident from Annexure-2. The victim in her statement recorded under Section 164 Cr.P.C. has not disclosed anything about involvement of this petitioner. Hence, the petitioner may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Muzaffarpur in connection with Saraiya P.S. Case No. 571 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U