Mahesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28144 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== 1.
MAHESH PASWAN Son of Late Ram Deyal Paswan Resident of Village - Rewasi, P.S.- Riga, District - Sitamarhi.
2.
Rakesh Kumar @ Rakesh Paswan Son of Late Ugras Paswan Resident of Village - Bedaul Boj, P.S.- Purnahiya, District - Sheohar. 3.
Dipak Kumar Son of Chandeshwar Paswan Resident of Village - Bhagwanpur, P.S.- Persauni, District - Sitamarhi. 4.
Ravi Ranjan Son of Ram Daresh Paswan Resident of Village - Bhagwanpur, P.S.- Persauni, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Anisur Rahman For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 This application, for grant of anticipatory bail, arises out of Riga P.S. Case No. 150 of 2018 (G.R. No. 2160/2018), disclosing offences under Sections 363, 366A/34 of the Indian Penal Code.
Allegation as per F.I.R. is that the daughter of the informant aged about 16 years did not return house after school hours, then informant went to enquiry about his daughter and came to know that one Pintu Kumar and two other boys had taken the daughter of the informant to some unknown place. Informant suspected that they have kidnapped his daughter for
Patna High Court CR. MISC. No.28144 of 2019(3) dt.15-07-2019 2/2 some illegal purposes. It further appears that the girl has been recovered and her statement under Sections 164 Cr.P.C. has been recorded, in which, she has named the accused persons including petitioners.
Submission of learned counsel for the petitioners is that although they have been named by the girl in her statement under Section 164 Cr.P.C. but no specific allegation has been attributed to them and the main allegation is against Pintu Kumar.
Learned counsel for the State opposed the prayer for bail and submitted that the girl in her statement under Section 164 Cr.P.C. has named the petitioners.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioners, however, the petitioners, if so desire, may surrender in the court below and pray for regular bail, which will be disposed of by the court below on the merit of the case.
(Vinod Kumar Sinha, J) sunilkumar/- U T