Ozir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28600 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

OZIR PASWAN Son of Arvind Paswan Resident of Village- Lakshmi Chak, Police Station-Masaurhi, District- Patna.

2.

Baijanti Devi Wife of Shyambali Paswan Resident of Village- Lakshmi Chak, Police Station-Masaurhi, District- Patna. 3.

Kamla Devi Wife of Arvind Paswan Resident of Village- Lakshmi Chak, Police Station-Masaurhi, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanti Devi W/O Prabhu Paswan Resident of Village- Lakshmi Chak, Police Station-Masaurhi, District- Patna.

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

For the Petitioner/s :

Mr.Gajanan Mishra For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 17(C) of 2019, disclosing offences under Sections 363, 366(A) and 120 (B) of the Indian Penal Code.

Allegation against the petitioners as per complaint petition is of kidnapping the daughter of the complainant. Submission of learned counsel for the petitioners is that falsity of the case will appear from the fact that the victim lady has herself lodged a case against the complainant for assault to her husband and others. It has also been submitted that

Patna High Court CR. MISC. No.28600 of 2019(4) dt.16-07-2019 2/2 no specific allegation has been attributed to the petitioners rather only general and omnibus allegation has been levelled against the petitioners and co-accused persons having similar allegation has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 20.05.2019 passed in Cr. Misc. No. 33194 of 2019. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Masaurhi, in connection with Complaint Case No. 17(C) of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T