Pawan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57031 of 2017 Arising Out of PS.Case No. -118 Year- 2017 Thana -AMARPUR District- BANKA ====================================================== Pawan Paswan, son of Subhash Paswan, resident of Village- Amarpur Paswan Tola, Ward No. 5, P.S. Amarpur, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jogendra Kumar, Advocate. For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Amarpur P.S. Case No. 118 of 2017 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that both the victim girls namely, Moni Kumari and Puja Kumari have given their statements under Section 164 Cr. P.C. wherein they have stated that they have not been kidnapped. They both voluntary had gone with petitioner and Manish Kumar. Puja Kumari got married with this petitioner whereas Moni Kumari got married with Manish Kumar. Both the victim girls have stated their age as 18 years and the court has assessed their age 18 years and 19 years respectively.

Patna High Court Cr.Misc. No.57031 of 2017 (2) dt.05-12-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Amarpur P.S. Case No. 118 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.