Vishal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.23535 of 2020 Arising Out of PS. Case No.-131 Year-2020 Thana- KATIHAR District- Katihar ====================================================== Vishal Paswan, S/O Jhadu Paswan, R/O- Babu Tola, Fasiya, P.S. - Katihar Town, Distt. - Katihar.
... ... Petitioner
Versus
The State of Bihar . .. ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-10-2020 Learned counsel for the petitioner undertakes to remove all the defects pointed by the Stamp Reporter within three weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking pre-arrest bail in connection with Katihar Town P.S. Case No. 131 of 2020 registered for the offences punishable under Sections 363, 366(A), 341, 323, 504, 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that although in the First Information Report there is an allegation that this petitioner and co-accused Rupesh had kidnapped the sister of the informant and the informant was assaulted by an iron rod but from the statements made before the learned Magistrate under Section 164 Cr. P.C. it would appear that the
Patna High Court CR. MISC. No.23535 of 2020(2) dt.07-10-2020 2/3 victim girl has not supported the alleged occurrence. The victim girl has stated that she had gone to her friend's house for study and the case has been lodged under misconception that she has been kidnapped.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case, particularly the statement of the victim girl recorded under Section 164 Cr.P.C., this Court directs that the petitioner above named in the event of his arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 131 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade
Patna High Court CR. MISC. No.23535 of 2020(2) dt.07-10-2020 3/3 him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.
This application is allowed.
(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.