Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19873 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

Santosh Paswan, aged about 18 years (Male), Son of Gajendra Paswan. 2.

Gajendra Paswan, aged about 64 years, Male, Son of Late Mathuri Paswan. Both resident of village - Maldiha P.S.- Barhara, District- Purnea. 3.

Sushil Paswan, aged about 27 years, Male, Son of Vishundeo Paswan, Resident of Village - Babhangama, P.S.- Bihariganj, District- Madhepura. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Barhara P.S. Case No. 179 of 2018, registered for the offence under Section 366A/34 of the Indian Penal Code.

Allegation has been made against the petitioners to have kidnapped the daughter of the informant. After recovery, the victim girl made her statement under Section 164 of the Cr.P.C. and stated that Rajesh Paswan, Gajendra Paswan, Sudhir Paswan and Shashi Paswan have taken her on motorcycle. As the girl has not taken the name of petitioner nos.

Patna High Court CR. MISC. No.19873 of 2019(2) dt.01-04-2019 2/2 1 and 3, let the above-named petitioner nos. 1 and 3 be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Barhara P.S. Case no.179 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

As the victim girl has taken the name of petitioner no.2 to be involved in kidnapping, the bail of petitioner no.2 is rejected.

(Shivaji Pandey, J) pawan/- U T