Raushan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25235 of 2023 Arising Out of PS. Case No.-292 Year-2022 Thana- DESARI District- Vaishali ====================================================== RAUSHAN KUMAR PASWAN Son of Sakaldeo Paswan R/o Village - Sultanpur, P.S.- Desari, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2023

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Desari PS Case No. 292 / 2022 dated: 18-07-2022 registered under Section 363 / 365 of the IPC.

3. As per the prosecution case, the co-accused / Gautam Kumar Paswan along with other co-accused persons, including the petitioner, abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he happens to be the brother of the co-accused / Gautam Kumar Paswan, with whom the informant's daughter was having love affair and both have performed marriage. The victim girl is major about 21 years of age and the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.25235 of 2023(2) dt.14-07-2023 2/3

5. On the other hand, learned counsel for the informant vehemently opposes the prayer for bail and submits that the co-accused / Gautam Kumar Paswan with the help of the petitioner and other accused persons abducted the daughter of the informant and solemnized marriage forcibly, which would be evident from the statement of the victim girl recorded under Section 164 Cr.P.C. and the anticipatory bail application of the co-accused / Gautam Kumar Paswan has been rejected by a Bench of this Court in Cr. Misc. No. 14667 / 2023.

6. Regard being had to the submission made by the parties, taking into consideration the general and omnibus allegation against the petitioner, the fact that petitioner is the brother of the co-accused / Gautam Kumar Paswan and from perusal of the aforesaid order passed by this Court rejecting the bail application of the co-accused: Gautam Kumar Paswan it transpires that the victim girl has stated against Gautam Kumar Paswan, who has solemnized marriage with the victim girl, I am inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.25235 of 2023(2) dt.14-07-2023 3/3 two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in connection with Desari PS Case No. 292 / 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T