Janardan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34328 of 2018 Arising Out of PS.Case No. -376 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Janardan Paswan, S/o Late Ramji Paswan, Resident of East Hardash Chak, P.S. & P.O.- Muffasil, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siddhartha Prasad For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2018 Heard both sides.

The petitioner apprehends his arrest in Khagaria (Muffasil) P.S. case No. 376/2016 for the offences punishable under Section 366(A)/34 of the Indian Penal Code. The informant filed complaint petition alleging that Manish Paswan, Janardan Paswan, petitioner and Sita Devi, Wife of the petitioner kidnapped the victim for the purpose of marriage. The learned counsel for the petitioner submits that petitioner is father of Manish Paswan. The victim appeared and made her statement under section 164 of the Cr.P.C. on 16.02.2018. She disclosed that she herself left her house and went along with Manish Paswan. She also solemnized marriage with Manish Paswan and she wanted to live with her husband. The

Patna High Court Cr.Misc. No.34328 of 2018 (2) dt.29-06-2018 2/2 victim disclosed her age to be 21 years and she is a major girl. Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that she herself denied the factum of her kidnapping and the petitioner is father of Manish Paswan with whom the victim solemnized marriage, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Muffasil) P.S. case No. 376/2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T