Pappu Paswan @ Pappu Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11717 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -BIRPUR District- SUPAUL ======================================================
1. Pappu Paswan @ Pappu Kumar Paswan, Son of Arun Paswan, Resident of Village- Gospurpatti, P.S.- Birpur, District- Supaul. .... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Birpur P.S. case no. 257 of 2016 instituted for the offence under Section 366/34 of Indian Penal Code.
It has been submitted on behalf of petitioner that similarly situated co-accused Mrityunjay Paswan @ Mrityunjay Kumar and Kashi Paswan @ Kashi Kumar have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.02.2017 passed in Cr. Misc. no. 3072 of 2017. The informant has alleged that his daughter had gone to bring cloth from the stitching centre but she did not return. On search, it was found that she was taken away by Vijendra Kr. Paswan. The informant has further alleged that he enquired from Pappu Paswan and Mrityunjay Paswan who are friends of
Patna High Court Cr.Misc. No.11717 of 2017 (2) dt.22-03-2017 2/2 Vijendra Paswan and they told that they were searching the victim girl. After the recovery of victim girl, her statement was recorded under Section 164 of Code of Criminal Procedure which is annexed as Annexure-2 to the petition. In her statement recorded under Section 164 of Code of Criminal Procedure, the girl has made specific allegation against Vijendra Paswan that he had established physical relation with her and also took away her jwelleries whereas she has not made any specific allegation against this petitioner. She has merely stated that petitioner along with other accused persons caught hold the victim girl. Considering the aforesaid 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 Birpur P.S. case no. 257 of 2016, he shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Birpur at Supaul subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Sanjay Priya, J.)