Munna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22790 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- SAHIYARA District- Sitamarhi ====================================================== MUNNA PASWAN, Son of Vigan Paswan, Resident of Village - Sahiyara, P.S.- Sahiyara, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2020 Heard learned counsel for petitioners and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 363, 366(A)/34 of the Indian Penal Code.

Allegation against the FIR named accused including the petitioner is to have abducted the minor daughter of the informant from her house.

It has been submitted that petitioner is innocent and has been falsely implicated in this case. The statement of the victim girl was recorded under section 164 of Cr.p.c. in which she has categorically stated that she had solemnized her marriage with the petitioner in the month of December, 2019 on her own sweet will and volition and when her parents got knowledge

Patna High Court CR. MISC. No.22790 of 2020(2) dt.10-09-2020 2/2 about the said marriage, they ousted her and thereafter she went to the house of the petitioner. According to FIR the date of occurrence is 09.01.2020 whereas FIR was lodged on 24.01.2020 after delay of 15 days without any valid explanation. Petitioner is in custody since 25.02.2020 having no criminal antecedent.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sahiyara P.S. Case No. 07 of 2020, subject to 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 present 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) Rajiv/- U T