Rajgir Paswan And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30901 of 2014 Arising Out of PS.Case No. -381 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Rajgir Paswan Son of Shivnath Paswan
2. Randhir Paswan Son of Shivnath Paswan
3. Shivnath Paswan Son of Jagat Paswan
4. Dilip Paswan Son of Bhola Paswan All are Resident of village- Senduari, P.S.- Sadar (Hajipur), District- Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Soni For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard the parties.
In this application for anticipatory bail the petitioners apprehend their arrest for the offence punishable under sections 366 (A), 504 and 506/34 of the I.P.C.
Allegedly, the minor daughter of the informant was kidnapped and during search the informant came to know that his daughter was seen along with petitioner nos. 1 and 2 at about 7 P.M. on motorcycle and both were traceless from their houses and on enquiry the other accused persons threatened him if he will take any step against them.
Submission is of false implication due to flowing of
Patna High Court Cr.Misc. No.30901 of 2014 (2) dt.27-01-2015 2/2 drain water. No occurrence as alleged has taken place. As a matter of fact, the informant's daughter has solemnized her marriage with petitioner no.1 as per her own sweet will and she is living with petitioner no.1 as husband and wife. The victim is minor to which the learned A.P.P. seriously opposes by submitting that the victim is still traceless.
In the facts and circumstances as stated above, considering that the victim was seen with petitioner nos. 1 and 2, namely, Rajgir Paswan and Randhir Paswan and as such their prayer for pre-arrest bail stands rejected.
However, considering the allegation against petitioner nos. 3 and 4, namely, Shivnath Paswan and Dilip Paswan, in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Vaishali at Hajipur in Hajipur Sadar P.S. Case No. 381 of 2013, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T