Mahendra Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17582 of 2016 Arising Out of PS.Case No. -206 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Mahendra Paswan son of Chandradeo Ram @ Paswan
2. Kanchan Devi wife of Mahendra Paswan Both residents of village - Repura, Police Station - Daud Nagar, District - Aurangabad (Bihar) at present village - Dahibari, P.O. Chirkunda, District - Dhanbad (Jharkhand). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Indu Bala Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,149,379 and 366A of the Indian Penal Code.
The prosecution case is that on 25.8.2015 the daughter of the informant found missing along with cash of rupees forty five thousand and jewellery worth rupees one lac fifty thousand. During the course of search the informant came to know that co accused Chandan Kumar, petitioners, Dharmendra Paswan, Jogendra Paswan, Gurucharan Paswan, Sanju Devi, Usha and Guru Charan Paswan are under conspiracy in the abduction of the girl. In 164 Cr.P.C. statement the victim got her age recorded as
Patna High Court Cr.Misc. No.17582 of 2016 (3) dt.28-04-2016 2/2 23 years and the court assessed her age as 21 years where she stated that she was enticed away by Chandan kumar whereas Chandan Kumar and the petitioners used to ask to do what they directed. Chandan Kumar ravished her.
It is submitted by the learned counsel for the petitioners that the thrust of accusation is against Chandan and 164 Cr.P.C. statement of the victim suggests that Chandan and victim were in love. Petitioners are parents of Chandan Kumar. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 206 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T