Pintu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56650 of 2015 Arising Out of PS.Case No. -120 Year- 2013 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== Pintu Paswan Son of Babhadur Pawan Resident of Village- Nandusiyra, P.S.-Chenari, Dist.-Rohtas at Sasaram .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nagendra Pd. Yadav For the Opposite Party/s : Mr. Kumar Ranjit Ranjan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Chenari P.S. Case No. 120/2013, disclosing offences under sections 364, 384/34 of the Indian penal Code. The allegation against the petitioner is of kidnapping the daughter of the informant.

Learned counsel for the petitioner has submitted that as a matter of fact the daughter of the informant is major and the petitioner and the said daughter of the informant are now married. From the affidavit of the present application, I find that it has been sworn by the alleged victim herself.

Today in Court the petitioner and the daughter of the

Patna High Court Cr.Misc. No.56650 of 2015 (4) dt.18-03-2016 informant, Kavita Kumari are present. It has been stated by the said Kavita Kumari that she is living with the petitioner out of her own volition and will without any coercion.

It appears from the records that the daughter of the informant has married the petitioner against the will of her parents, which is the reason behind institution of the present First Information Report.

This application is, accordingly, allowed. Let the petitioner, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in Chenari P.S.Case No. 120/2013, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

It is added that if the petitioner or said Kavita Kumari need any protection, they will be free to approach the

Patna High Court Cr.Misc. No.56650 of 2015 (4) dt.18-03-2016 Superintendent of Police, Rohtas, who in turn will be required to provide both of them the desired protection.

(Chakradhari Sharan Singh, J) Surendra/- U