Vidyasagar Paswan @ Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33426 of 2022 Arising Out of PS. Case No.-414 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== VIDYASAGAR PASWAN @ MUKESH PASWAN S/o Rajendra Paswan @ Raju R/o village- Manasagar, P.S.- Rupau, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kawakol PS case no. 414 of 2020 instituted for the offences punishable under Sections 363, 366(A), 120(B) of the Indian Penal Code.

The allegation is regarding the petitioner having kidnapped the victim girl, however, subsequently, she was recovered and though she has stated in her statement made under Section 164 Cr.P.C., before the learned Magistrate that the petitioner had kidnapped her, however, it has not been alleged that the petitioner had engaged in any untoward

Patna High Court CR. MISC. No.33426 of 2022(4) dt.23-01-2023 2/3 incident, qua the petitioner herein.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 02.03.2022. The learned counsel for the petitioner has further submitted that the petitioner is ready and willing to abide by such conditions as may be deemed fit and appropriate to be imposed by this Court, upon him.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is alleged to have eloped with the victim but he has not committed any wrong with her, I deem it fit and appropriate to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional

Patna High Court CR. MISC. No.33426 of 2022(4) dt.23-01-2023 3/3 Chief Judicial Magistrate-IVth, Nawada in connection with Kawakole PS case no. 414 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T