Ramu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31612 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.
RAMU PASWAN S/O SRI FAGUNI PASWAN R/O VILLAGE-BALUYA, GUAWARI, BALUYA TOLA, GOSPARI, P.S-KUNDAWA, CHAINPUR, DISTRICT-EAST CHAMPARAN.
2.
UMESH PASWAN S/O SRI FAGUNI PASWAN R/O VILLAGE-BALUYA, GUAWARI, BALUYA TOLA, GOSPARI, P.S-KUNDAWA, CHAINPUR, DISTRICT-EAST CHAMPARAN.
3.
FAGUNI PASWAN S/O LATE NARAYAN PASWAN R/O VILLAGEBALUYA, GUAWARI, BALUYA TOLA, GOSPARI, P.S-KUNDAWA, CHAINPUR, DISTRICT-EAST CHAMPARAN.
4.
AKLI DEVI W/O SRI FAGUNI PASWAN R/O VILLAGE-BALUYA, GUAWARI, BALUYA TOLA, GOSPARI, P.S-KUNDAWA, CHAINPUR, DISTRICT-EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-01-2022 Heard Mr. Vijay Kumar Sinha, learned Advocate for the petitioners and Ms. Veena Kumari Jaiswal, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Kundwa Chainpur P.S. Case No. 168 of 2020 dated 11.11.2020 instituted for the offences under Sections 366A/34 of the Indian Penal
Patna High Court CR. MISC. No.31612 of 2021(2) dt.19-01-2022 2/3 Code.
The accusation against the petitioners is of having kidnapped the minor daughter of the informant for the purposes of marriage.
Learned counsel for the petitioners has submitted that the victim in her statement under Section 164 Cr.P.C. has denied all such allegations. She has stated that she is 18 years of age and had run away from her house because she was not properly treated by her parents. They wanted to marry her to a person who was not of her choice. In her statement referred to above, she has also said that she would like to live with her parents provided they do not ill-treat her. The brother of the so-called victim has also sworn an affidavit and has executed a bond of Rs. 5 lakhs for treating the victim properly in the house.
Regard being had to the aforestated facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below
Patna High Court CR. MISC. No.31612 of 2021(2) dt.19-01-2022 3/3 within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Sikrahna, Dhaka, East Champaran in connection with Kundwa Chainpur P.S. Case No. 168 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T