Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41146 of 2021 Arising Out of PS. Case No.-249 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Sunil Paswan S/O Nandlal Paswan 2.

Baby Devi @ Bevi Devi W/O Sunil Paswan Both R/O Village-Balatanr, P.S-Bidupur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363,366(A),34 of the Indian Penal Code.

The statement of the victim girl under Section 164 Cr.P.C., a copy at Annexure-2, revealed that she was not kidnapped by anyone rather she had left for Delhi voluntarily and she married thereat with co-accused- Nitish Kumar. She claims to be pregnant from Nitish Kumar.

Considering the fact that the victim has not alleged anything against the petitioners or anyone else, let the

Patna High Court CR. MISC. No.41146 of 2021(2) dt.15-12-2021 2/2 petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bidupur P.S.Case No.249 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T