Patna High CourtCR. MISC./25902/2024bail granted

Raushan Paswan v. The State Of Bihar

2024-08-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25902 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- RUPAULI District- Purnia ====================================================== RAUSHAN PASWAN S/O DHORAI PASWAN @ DHORO PASWAN R/O VILLAGE- OJHOKOPA, P.S- RUPAULI, DISTT.- PURNIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bidhu Ranjan For the Opposite Party/s :

Mr.J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Rupauli P.S. Case No. 173 of 2023, registered for the offences punishable under Sections 363/366 of the IPC.

3. As per allegation, the petitioner along with coaccused Dorai Paswan enticed away the informant's wife along with her two children.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. The victim is a married lady, having two children. As a matter of fact, she herself went with the petitioner with her own sweet will to Punjab. There is delay of 1 month and 8 days in lodging the FIR. He has

Patna High Court CR. MISC. No.25902 of 2024(4) dt.05-08-2024 2/2 submitted further that the victim rendered her statement under Section 164 of the Cr.P.C. in pressure of her husband in which she stated that the petitioner took her away along with two children. The petitioner is under custody since 08.07.2024.

5. The FIR has been lodged after one month and eight days of the occurrence. It appears that the statement of the victim under Section 164 of the Cr.P.C. was recorded under duress.

6. Considering the above-mentioned facts and circumstances as well as clean antecedent, let the petitioner abovenamed be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Rupauli P.S. Case No. 173 of 2023, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) kundan/- U T