Rajesh Paswan @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43589 of 2016 Arising Out of PS.Case No. -111 Year- 2016 Thana -CHARIABARIYARPUR District- BEGUSARAI ====================================================== Rajesh Paswan @ Guddu, S/o Sagar Paswan, Resident of Village Ninga (Ladhwa) P.S. Barauni, District Begusarai .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Syed Md. Shabbir Alam Mr. Sanjay Sinha, Advocates For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 27.07.2016 in connection with Cheria Bariarpur P.S. Case No. 111 of 2016 for the offences alleged under Section 366 (A) of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated and he is not named in the FIR and in any event, the thrust of accusation is against the petitioner's nephew Raja Paswan. In her statement recorded under Section 164 of the Cr.P.C., the informant's daughter has categorically stated that she had voluntarily accompanied the petitioner and other persons to Hathidah and Panipat from where she was willingly returning home with Bhushan and Raja.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, District Begusarai in connection with Cheria Bariarpur P.S. Case No. 111 of 2016 with the following conditions:
Patna High Court Cr.Misc. No.43589 of 2016 (2) dt.22-10-2016 2/2 (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T