Suraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29503 of 2014 Arising Out of PS.Case No. -51 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Suraj Paswan, Son of Jitendra Paswan, resident of village Kadhra, Police Station- Ghoswari, District Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. A.M.P.Mehta(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehending his arrest in connection with Bihar P.S. Case No. 51 of 2014 registered for the offence under Sections 363, 365 of the Indian Penal Code seeks privilege of pre arrest bail.

Allegedly, the petitioner took away the minor daughter of the informant and through mobile caused threats. During investigation, victim girl has been recovered and her statement under Section 164 Cr.P.C. has also been recorded, wherein she has not supported the allegation of kidnapping, rather she states that she has gone out of her own will and consent and she is having pregnancy and wants to live with her husband(petitioner).

Submission is that, in view of the statement

Patna High Court Cr.Misc. No.29503 of 2014 (2) dt.09-01-2015 recorded under Section 164 Cr.P.C. no case as alleged is made out. The victim has stated her age about 20 years, but the learned Magistrate has assessed her age about 17 yeas and as such the petitioner deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances as stated above, considering that the victim girl has stated her age 20 years and she does not alleged anything against the petitioner, rather she states that she has married with the petitioner out of her own sweet will and consent and she is pregnant and as such under these circumstances, in case of arrest or surrender before the court below within two months from the date of receipt/production of a copy of this order, the petitioner namely Suraj Paswan shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 51 of 2014 with condition as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) P.K./- U T