Patna High CourtCR. MISC./56925/2015bail granted

Kamlesh Paswan @ Nahak And ANR v. The State Of Bihar

2016-01-13Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56925 of 2015 Arising Out of PS.Case No. -235 Year- 2015 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kamlesh Paswan @ Nahak S/o Bijali Paswan

2. Birendra Paswan S/o Mukhalal Paswan, Both r/o Khari Jagir, P.S. Pipra, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Dr. Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are accused in connection with Pipra P.S. Case No. 235 of 2015 registered under Sections 366(A)/34 of the I.P.C.

The accusation against co-accused Harikesh Paswan and the petitioner is of kidnapping of Muskan Kumari, minor daughter of the informant, for the purpose of marriage. Learned counsel appearing on behalf of the petitioners submits that in fact, there was love affair in between the one Harikesh Paswan and victim Muskan Kumari. The petitioner no.1, Kamlesh Paswan and petitioner no. 2, Birendra

Patna High Court Cr.Misc. No.56925 of 2015 (3) dt.13-01-2016 2/2 Paswan, cousin brother and father of the Harikesh Paswan respectively, have falsely been implicated in this case. Further, submission of learned counsel for the petitioners is that the victim in her statement under Section 164 Cr. P.C. only stated about her carrying by Harikesh Paswan and Budha Paswan with further allegation that the petitioner Kamlesh Paswan at that time only started the motorcycle. It is also submitted that petitioners are in custody since 10.09.2015.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Motihari, East Champaran in connection with Pipra P.S. Case No. 235 of 2015.

(Rajendra Kumar Mishra, J) Shail/- U T