Ram Babu Paswan And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1745 of 2019 Arising Out of PS. Case No.-1319 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ======================================================

1. Ram Babu Paswan, son of Harilal Paswan

2. Gangiya Devi, wife of Harilal Paswan Both residents of Village-Jihuli, P.S.-Patahi, District-East Champaran. ... ... Petitioner/s

Versus

1. State Of Bihar

2. Anup Paswan, s/o Late Janakdhari Paswan, Resident of +Vill. Maulaganj, P.S. Tariyani, Distt.-Shivhar.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Tr. No.2109 of 2018, arising out of Complaint Case No.1319 of 2017 registered for offences punishable under Section 366, 34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the brother of the informant while he was going to attend the natural call. There is also allegation against co-accused persons, i.e., Mintu, Pintu, Nandlal Paswan and Jamun Paswan of committing rape of her.

Submission of learned counsel for the petitioner is that no specific allegation has been attributed against two

Patna High Court Cr.Misc. No.1745 of 2019(2) dt.01-02-2019 2/2 petitioners and allegations are general and omnibus and specif allegations has been attributed against co-accused persons of kidnapping and committing rape.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of receipt/ production of a copy of this order, be released on bail upon furnishing bail bond of Rs.25,000/-(Rupees Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-13, Motihari, East Champaran in connection with Tr. No.2109 of 2018, arising out of Complaint Case No.1319 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (Vinod Kumar Sinha, J) sanjeev/- U T