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Patna High CourtCR. MISC./28759/2019allowed

Arun Paswan v. The State Of Bihar

2019-07-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28759 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Arun Paswan, aged about 27 years (Male), Son of Ramanand Paswan, Resident of Village - Surgahi, P.S.- Tariyani, Distt.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar, Advocate For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2019 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Tariyani P.S. Case No. 80 of 2018 registered for the offence punishable under Section 366-A of the Indian Penal Code. The case of the prosecution as disclosed by the informant in his written information is that the informant's minor daughter Ramita Kumari @ Ravita Kumari had gone to answer the call of nature at 8.00 P.M. on 21.04.2018 and did not return home. The informant learnt that the accused Arun Paswan kidnapped his daughter with an intention either to marry her or to sale her. The informant also learnt that the accused Arun Kumar after kidnapping his daughter took her to Delhi and thereafter he had come back and he had confined informant's daughter in his house. The informant

Patna High Court CR. MISC. No.28759 of 2019(3) dt.17-07-2019 2/2 had earlier also submitted a written information about the kidnapping of her daughter before the SHO of Tariyanim police station but the case was not instituted.

The learned counsel for the petitioner submitted that love affair is going on between the daughter of the informant and petitioner and later on they married.

The victim Ramita Devi has given birth to a male child on 21.03.2019 at Sadar Hospital, Sheohar where she was admitted and in the record of the Sadar Hospital the name of mother of the newly born child is recorded as Ramita Devi whereas name of father of the said child stands recorded as Arun Paswan.

Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 80 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T