Baiju Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.26449 of 2016 (3) dt.29-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26449 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -BARH District- PATNA ====================================================== Baiju Paswan son of Bhola Paswan, resident of village Fateli, Police Station Deepnagar, District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 494 and 498 of the I.P.C. The prosecution story, in brief, is that on 24.1.2016 the informant along with his family members had gone to Barh Railway Station regarding settlement of marriage of his daughter. On the same day since 4 P.M. his daughter-in-law Bably Devi was missing from Barh Railway Station. On 25.1.2016 the informant received call from unknown mobile numbers that the victim is with him.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.2.2016 and the charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.26449 of 2016 (3) dt.29-08-2016 criminal antecedent. The petitioner is not named in the F.I.R. His name came in course of investigation. Police has submitted charge sheet under Sections 497 and 498 of the I.P.C. Both the Sections are bailable. Subsequently the court below has differed and taken cognizance under POCSO Act. The charge sheet submitted by the police is Annexure-4 to the present application. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Barh (Patna) in connection with Barh P.S. case No.32 of 2016. (Sudhir Singh, J) Narendra/- U T