Patna High CourtCR. MISC./30122/2022bail granted

Dharmendra Paswan v. The State Of Bihar

2022-08-24Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30122 of 2022 Arising Out of PS. Case No.-64 Year-2012 Thana- WAJIRGANJ District- Gaya ====================================================== DHARMENDRA PASWAN Son of Siddheshwar Paswan Resident of village - Kunar Bigha, P.S.- Chandauti, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No.2 For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code. As per allegation, this petitioner and co-accused person kidnapped minor daughter of the informant and said kidnapping was made with an intention to marry with this petitioner. The main submissions advanced by Mr. Manish Kumar No.2 the learned counsel appearing for the petitioner are that petitioner has got no criminal antecedent and so-called victim has been recovered and she made statement under section 164 Cr.P.C in which she flatly refused the allegation made in the FIR, petitioner has been languishing in jail since 19.6.2021.

Patna High Court CR. MISC. No.30122 of 2022(2) dt.24-08-2022 2/2 Sri Pronoti Singh, learned APP appearing for the State has opposed the prayer for bail.

Having considered the above submissions and mainly taking into account statement of the victim recorded under section 164 Cr.P.C submitted by the petitioner as annexure 2 goes to show that the victim has not supported the allegation made in the FIR and moreover, as per para 12 of the petition, good sense has prevailed in between the parties, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate I, Gaya in Wazirganj P.S Case No. 64 of 2012.

(Shailendra Singh, J) s.hassan/- U T