Patna High CourtCR. MISC./60936/2018dismissed

Ishwar Paswan v. State Of Bihar And ANR

2018-10-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60936 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -PANDARAK District- PATNA ====================================================== Ishwar Paswan, Son of Late Gurucharan Paswan, Resident of Chaturbhuj Pur, P.S. - Pandarak,l District - Patna, Bihar. .... .... Petitioner/s

Versus

1. State of Bihar

2. Ram Babu Kumar, Son of Mahesh Paswan, Resident of Village - Chaturbhuj Pur (Sarhan), Ward No. 14, P.S. Pandarak, Dist - Patna, Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avanish Kumar Singh For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-10-2018 This application has been filed by the petitioner for cancellation of anticipatory bail granted to the opposite party no. 2 vide order dated 27.07.2018 passed in Cr. Misc. No. 44178 of 2018 on the ground that the petitioner has concealed the fact that the victim girl was minor at the time of occurrence and obtained the anticipatory bail. In support of his contention, learned counsel for the petitioner referred to the Aadhar Card and the certificate issued by Bihar School Examination Board, Patna. Heard learned APP also.

Having heard both sides, from perusal of the order dated 27.07.2018, it appears that the petitioner, nowhere, has made submission that the girl was major at the time of occurrence rather it was submitted that the girl in her statement under Section 164

Patna High Court Cr.Misc. No.60936 of 2018 (2) dt.03-10-2018 2/2 Cr.P.C. has claimed herself to be major and had gone with opposite party no. 2 out of her own sweet will and has performed marriage with her. As such, there is no suppression of the fact on the part of the opposite party no. 2.

In view of the above, I am not inclined to interfere with the order dated 27.07.2018 passed in Cr. Misc. No. 44178 of 2018.

This application is, accordingly, dismissed.

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