Mrityunjay Paswan @ Mrityunjay Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3072 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -BIRPUR District- SUPAUL ======================================================
1. Mrityunjay Paswan @ Mrityunjay Kumar Son of Prabhu Paswan
2. Kashi Paswan@Kashi Kumar Son of Basudeo Paswan Both are resident of Gospurpatti, P.S. Birpur, Distt. Supaul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366/34 of the Indian Penal Code.
According to F.I.R., the allegation is against co-accused Bijendra Paswan to have kidnapped the daughter of the informant with intent to marry her. The names of the petitioners came only on suspicion. The victim in her statement under Section 164 Cr. P.C. has stated that these petitioners helped to other accused persons.
Submission of the learned counsel for the petitioners is that the matter appears to be of love affairs, which may be
Patna High Court Cr.Misc. No.3072 of 2017 (2) dt.17-02-2017 2/2 gathered from the statement of the victim under Section 164 Cr. P.C.
Considering the fact that even in the statement of the victim girl no overt act is alleged against the petitioners, let the petitioners, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Birpur (Supaul)/Successor Court in connection with Birpur Police Station Case No257 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Birendra Kumar, J) BTiwary/- U T