Raushan Kumar Paswan @ Gulchan Kumar @ Raushan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38320 of 2020 Arising Out of PS. Case No.-117 Year-2017 Thana- MADHEPUR District- Madhubani ====================================================== 1.

Raushan Kumar Paswan @ Gulchan Kumar @ Raushan Paswan S/o Panni Lal Paswan @ Abhilal Paswan Resident of Village- Barbanna, PS.- Ramganj, District- Araria 2.

Laxman Paswan @ Lachhaman Paswan, Son of Jahuri Paswan Resident of Village- Rupauli, Police Station - Madhepur, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh No.V, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-04-2021 Heard the parties in virtual Court proceeding. The petitioners are languishing in custody for the offences punishable under Sections 363/366A of the Indian Penal Code.

The petitioners are in custody since 04.07.2019. In the past prayer for bail was refused on 03.03.2020 in Cr. Misc. No.58933 of 2019 with liberty to renew the prayer for bail before the Court-below itself after recovery and statement of the victim girl under Section 164 Cr.P.C. Allegation against the petitioners and other coaccused is of kidnapping of the minor daughter of the informant. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.38320 of 2020(4) dt.12-04-2021 2/2 during investigation it came that the victim had love-affairs with Ramesh Paswan and she eloped with Ramesh Paswan. Petitioner No.2, aged about 55 years, is co-villager of the informant. The victim girl and co-accused Ramesh Paswan are still hiding themselves.

Considering the factual scenario there is no need for further detention of the petitioners as under trial prisoner after completion of investigation, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Madhepur P.S. Case No.117 of 2017, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T