← Library
Patna High CourtCR. MISC./26411/2019allowed

Ram Sevak Paswan v. The State Of Bihar

2019-07-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26411 of 2019 Arising Out of PS. Case No.-97 Year-2018 Thana- MADHWAPUR District- Madhubani ====================================================== 1.

Ram Sevak Paswan, Son of late Rajendra Paswan, Resident of Village - Bihari, P.S.- Madhwapur, Distt.- Madhubani.

2.

Samundri Devi, Wife of Late Rajendra Paswan, Resident of Village - Bihari, P.S.- Madhwapur, Distt.- Madhubani.

3.

Meena Devi, Wife of Late Pradip Paswan, Resident of Village - Bihari, P.S.- Madhwapur, Distt.- Madhubani.

4.

Laxmina Devi, Wife of Ram Sewak Paswan, Resident of Village - Bihari, P.S.- Madhwapur, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 This is an application for grant of anticipatory bail in connection with Madhwapur P.S. Case No. 97 of 2018, disclosing offences under Sections 363, 366(A), 34 of the Indian Penal Code.

As per the F.I.R. there is allegation against the accused Anil Kumar Paswan that he enticed the minor daughter of the informant away and there is allegation against these petitioners who happens to be the uncle, grandmother and aunt of accused Anil Kumar Paswan and they have assisted said Anil Kumar Paswan in enticing away the girl.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.26411 of 2019(3) dt.08-07-2019 2/2 that there was a love affair between the victim girl and Anil Kumar Paswan and they have falsely been implicated in this case. They are the family members of Anil Kumar Paswan. Heard learned APP also, who opposed the prayer for anticipatory bail on the ground that the girl is still trace-less. Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioners, above named, surrender before the learned court below by 18.07.2019 and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1st Class, Benipatti, District Madhubani, in connection with Madhwapur P.S. Case No.

97 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that they have to co-operate the police in searching out the girl, otherwise, their bail bonds shall be cancelled by the learned court below. With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T