Sri Kishun Paswan @ Sri Kishun Dushadh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32692 of 2019 Arising Out of PS. Case No.-329 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== SRI KISHUN PASWAN @ SRI KISHUN DUSHADH Son of Sri Matt Dusadh Resident of Village- Budhawal, P.S.- Jagdishpur, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2019 This application, for grant of anticipatory bail, arises out of Jagdishpur P.S. Case No. 329 of 2018, disclosing offences under Sections 452, 354, 366, 323, 504 and 34 of the Indian Penal Code.
Allegation as per complaint petition on the basis of which, the F.I.R. has been instituted is that the marriage of complainant / informant was solemnized with co-accused Rakesh Kumar and, thereafter, this petitioner and said Rakesh Kumar took her to Siliguri, where they sold the complainant / informant to some other persons. Further allegation is that she anyhow came back and lodged the complaint case. It is further alleged that on 14 .07.2018, complainant/informant had gone to the house of her mausi to meet her and on 16.07.2018, in the night, the petitioner along with other two co-accused of this case came forcibly tried to
Patna High Court CR. MISC. No.32692 of 2019(3) dt.20-08-2019 2/2 take her and threaten to withdraw the case filed by her. Submission of learned counsel for the petitioner is that entire allegation is false and concocted, which will appear from the fact that Lalti Devi, mausi of the complainant/informant has not supported the case of prosecution, which is evident from para -18 of the case diary, which shows that the complainant / informant pressurized her to depose in her favour.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XI, Bhojpur, Ara, in connection with Jagdishpur P.S. Case No. 329 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T