Mahesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40589 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== 1.
Mahesh Paswan, Male, aged about 47 years, S/O- KAPIL PASWAN 2.
SANNI KUMAR, Male, aged about 27 years, S/O- SOHAN PASWAN 3.
SITA DEVI, Female, aged about 43 years, W/O- MAHESH PASWAN All are R/O VILL.- SINDUARI GAJ SINGH, P.S.0- MOTIPUR, DIST.- MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Ranjan, Advocate For the Opposite Party/s :
Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-07-2024 Heard Mr. Rakesh Ranjan, learned counsel appearing on behalf of the petitioners and Ms. Sangeeta Sharma, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Chakia P.S. Case No. 305 of 2023 registered for the offence(s) punishable under Sections 363 and 366 of the Indian Penal Code.
3. As per the allegation made in the FIR one Nitesh Kumar had kidnapped the wife of the informant with assistance of the petitioners with an intention to marry with her and when the informant went to the house of the petitioners, they misbehaved with him.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and they have been falsely implicated in the present case. Petitioner no.1 and
Patna High Court CR. MISC. No.40589 of 2024(2) dt.10-07-2024 2/2 petitioner no.3 are father and mother of the said Nitesh Kumar, whereas petitioner no.2 is said to be the friend of said Nitesh Kumar. It is further submitted that the entire allegation levelled in the FIR is against main accused Nitesh Kumar, who is said to have kidnapped the wife of the informant with a view to marry with her and these petitioners have no role in the said occurrence and they have been made accused being the father, mother and friend of said Nitesh Kumar. Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. In the facts and circumstances of the case, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari in connection with Chakia P.S. Case No. 305 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T