Vishal Paswan @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44072 of 2021 Arising Out of PS. Case No.-212 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== Vishal Paswan @ Vishal Kumar S/O Sanjay Paswan R/O Village-Kamalpur, P.S-Lalganj, District-Vaishali At Hajipur ... Petitioner

Versus

1.

The State Of Bihar 2.

Manju Devi W/O Mukesh Ray R/O Village-Mathurapurganj, P.S-Lalganj, District-Vaishali At Hajipur.

3.

Ruby Kumari D/O Mukesh Ray, W/O Manish Kumar R/O VillageKamalpur, P.S-Lalganj, District-Vaishali At Hajipur. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ganesh Pd Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner and the State. Earlier prayer for bail of the petitioner was refused by this Court vide order dated 15.3.2021, passed in Cr.Misc.No. 3002/2021.

Perused the trial court's report dated 26.8.2021 and the supplementary affidavit.

In paragraph 3 of the supplementary affidavit, it is averred that PW 1, who is mother of the victim and informant of the case, in her cross-examination has stated that no one kidnapped or committed misdeed with her daughter rather her daughter solemnized marriage with Manish Kumar at her own sweet will and presently they are living as husband and wife and the victim is likely to deliver a child shortly. Similar statement has also been made by PW 2, the victim girl, as per paragraph 4

Patna High Court CR. MISC. No.44072 of 2021(4) dt.06-10-2021 2/2 of the supplementary affidavit.

Considering paragraphs 3 and 4 of the supplementary affidavit and the progress of the trial, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge III, Vaishali at Hajipur in Sessions Trial No. 149 of 2021/ Lalganj Police Station Case No. 212/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T