Manish Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37238 of 2017 Arising Out of PS.Case No. -118 Year- 2017 Thana -AMARPUR District- BANKA ======================================================
1. Manish Paswan Son of Mukesh Paswan, R/o Village- Amarpur Tola, P.S.- Amarpur, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.
The petitioner is apprehending arrest in connection with Amarpur P.S.Cae No.118 of 2017, registered for offences punishable under Sections 366(A)/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor girl of the informant.
Submission of the learned counsel for the petitioner is that statement of the girl has been recorded under Section 164 Cr.P.C. and she has not supported the prosecution case and stated that she has voluntarily went out with the co-accused persons. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in
Patna High Court Cr.Misc. No.37238 of 2017 (3) dt.19-08-2017 2/2 the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Banka in connection with Amarpur P.S.Case No.118 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T