Pintu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23171 of 2018 Arising Out of PS.Case No. -1723 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Pintu Paswan S/o Monarika Paswan, R/o Vill.- Supabigha, P.S.- Akorhi Gola, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366(A)/34 of the IPC The prosecution case as per the written report of Santosh Paswan dated 20.11.2017 is to the effect that Pinki Kumari, the daughter of the informant, aged 12 years has gone missing since 09.11.2017. The informant tried his best to trace his daughter at his level, but he could not succeed. Thereafter, he received a call from someone, who disclosed his name as Neeraj Kumar and conveyed that the victim is with him and thereafter the informant asked the caller, to get him talk to his daughter, upon which the informant's daughter conveyed that she does not know where she has been kept and she stated weeping. The informant then traced and found out the

Patna High Court Cr.Misc. No.23171 of 2018 (2) dt.26-04-2018 2/3 details Neeraj Kumar and he came to know that Neeraj Kumar is the relation of his neighbour and he has been residing with his sister Sotni Devi since his childhood, and when the informant talked to the family members of Neeraj, they assured to call him back but even after 5-6 days, the informant's daughter has not returned. The learned counsel for the petitioner submits that the petitioner is the elder brother of co-accused Neeraj and that the petitioner is engaged in a private firm at Bangalore since several years and that he has been named as an accused only because he is the elder brother of Neeraj. It is further submitted that the victim hs not even taken the name of this petitioner in her statement recorded under Section 164 Cr.P.C.

and moreover, she has made no complaitn even against Neeraj in her statement under Section 164 Cr.P.C. It is submitted by learned A.P.P. that the accusation is of kidnapping and fairly submits that the victim has not named this petitioner in her statement under Section 164 Cr.P.C. Considering the facts aforesaid and the fact that statement under Section 164 has been recorded, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram in connection with Sasaram (Mufassil) P.S. Case No.

Patna High Court Cr.Misc. No.23171 of 2018 (2) dt.26-04-2018 3/3 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Sanjeev/- (Dinesh Kumar Singh, J) U T