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Patna High CourtCR. MISC./12863/2016bail granted

Bimlesh Paswan v. The State Of Bihar

2016-03-31Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12863 of 2016 Arising Out of PS.Case No. -169 Year- 2015 Thana -SIMRI District- DARBHANGA ======================================================

1. Bimlesh Paswan Son of Bathu Paswan, resident of Village- Phulthua, P.S.- Simri, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-366, 366-A, 372/34 of the Indian Penal Code. The statement of victim was recorded u/S 164 of the Cr.P.C. in which, she stated that she was, forcibly, taken away by the petitioner and subsequently, she along with the petitioner was caught by police. The victim has, nowhere, stated about any maltreatment at the hands of the petitioner, except the allegation of kidnapping.

Learned counsel for the petitioner points out that the victim was found between 16-17 years of age in medical examination and as a matter of fact, when the victim came in

Patna High Court Cr.Misc. No.12863 of 2016 (2) dt.31-03-2016 2/2 clutches of her parents, she twisted her statement. Moreover, considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Simri P.S. Case No. 169 of 2015 to the satisfaction of Sri Ravi Pandey, J.M.-Ist Class, Darbhanga. (Hemant Kumar Srivastava, J) A.K.V./- U T