Monu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65724 of 2018 Arising Out of PS.Case No. -251 Year- 2018 Thana -BARH District- PATNA ====================================================== Monu Paswan S/o Umesh Paswan R/v- Salempur, Ward No. 21. P.S. Barh, Distt. Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Barh P.S. Case No. 251/2018, registered for the offences punishable under Section 363 and 366A of the Indian Penal Code.

Allegation against petitioner is of kidnapping the minor daughter of informant.

It has been submitted that petitioner has falsely been implicated in this case. The girl is major. There is love affair between the petitioner and the victim girl and she herself left her house and went along with the petitioner. They have solemnized marriage. The victim in her statement recorded under Section 164 Cr. P.C. has not made allegation of sexual assault against

Patna High Court Cr.Misc. No.65724 of 2018 (2) dt.06-11-2018 2/2 petitioner.

Petitioner has no criminal antecedent. He is in custody since 21.08.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Ist, Barh, Patna in connection with Barh P.S. Case No. 251/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the 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.

(S. Kumar, J) Vinita/- U T