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Patna High CourtCR. MISC./37714/2023allowed

Uday Paswan v. The State Of Bihar

2023-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37714 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== UDAY PASWAN Son of Bilas Paswan Resident of village - Deodha, P.S. - Deepnagar, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366, 366(a)/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that all the F.I.R. named accused persons enticed informant's niece and kidnapped her with an intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the victim in her statement under Section 164 of the Cr.P.C., has not supported the prosecution case. He further submits that

Patna High Court CR. MISC. No.37714 of 2023(2) dt.31-07-2023 2/2 the victim girl is living at the house of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Harnaut P.S. Case No. 90 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T