Patna High CourtCR. MISC./41057/2014bail granted

Ram Lakhan Paswan v. The State Of Bihar

2015-01-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41057 of 2014 Arising Out of PS.Case No. -49 Year- 2014 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Ram Lakhan Paswan son of Kiro Paswan resident of Village- Handalpur, P.S.- Bhagwanpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 23-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 09.06.2014 in a case registered for the offences punishable under Section 364 of the Indian Penal Code.

It is alleged that eight years old niece of the informant went missing on 06.03.2014. The FIR was lodged against unknown. During course of investigation one Laxman Sahni for the first time deposed that the victim Rani Kumari was kidnapped by Basanti Devi and the victim was kept in the house of Bina Devi. The witness Pramod Paswan stated in para 12 of the case diary that Basanti Devi took the victim to the house of Bina Devi with conspiracy of this petitioner. In para 13 of the case diary

Patna High Court Cr.Misc. No.41057 of 2014 (03) dt.23-01-2015 2/2 Amarjeet Sahni and in para 14 Ram Pravesh Mochi have stated that the petitioner was also involved in kidnapping. In para 23 of the case diary Silvant Kumar has stated that Basanti Devi, Gayatri Devi and Bina Devi took the victim to the house of this petitioner. Para 68 of the case diary reflects confession of the petitioner that above three ladies brought the victim to his house. It is submitted by learned counsel for the petitioner that the polygraph test of the petitioner was made when all the questions framed during polygraph was answered in negative, hence, the involvement of the petitioner cannot be, prima facie, appears to be true.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai in connection with Bhagwanpur P.S. Case No. 49 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T