Kundan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27061 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

KUNDAN PASWAN SON OF SANJAY PASWAN R/O VILLAGESHAHDULAHAPUR, P.S.- GANGABRIDGE, DISTRICT- VAISHALI 2.

AJAY PASWAN SON OF JAGESWER PASWAN R/O VILLAGESHAHDULAHAPUR, P.S.- GANGABRIDGE, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dileep Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 366(A) / 365 of the Indian Penal Code.

As per F.I.R., all the F.I.R. named accused persons including petitioners kidnapped the minor daughter of informant for illegal purpose.

It is submitted on behalf of petitioners that the victim girl (daughter of informant), in her statement recorded under Section 164 Cr.P.C., has denied the prosecution case and submitted that out of her own sweat will, she had gone to Delhi with co-accused Vikash Kumar and solemnized marriage with him. The learned Magistrate has assessed her age as 21 years, whereas, as per medical report, she is between 18-20 years.

Patna High Court CR. MISC. No.27061 of 2023(2) dt.07-07-2023 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the statement of the victim girl recorded under Section 164 Cr.P.C., let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge - I, Vaishali at Hajipur in connection with Sadar P.S. Case No. 136 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T