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Patna High CourtCR. MISC./21846/2018bail granted

Anjeet Paswan @ Ajit Paswan v. The State Of Bihar

2018-05-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21846 of 2018 Arising Out of PS.Case No. -116 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Anjeet Paswan @ Ajit Paswan S/o Kailash Paswan, R/o Vill.- Kaji Rasalpur, P.S.- Bhagwanpur, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Bhagwanpur (Teyay OP) P.S.Case no.116 of 2017 dated 10.7.2017 G.R.No.2472 of 2017 , registered for offences punishable under Sections 363, 366A, 452 and 34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant.

Submission of the learned counsel for the petitioner is that the informant had earlier lodged a case against the petitioner for kidnapping the girl and in that case also on the basis of statement of the girl, he has been granted bail by a Co-ordinate Bench of this Court, which will appear from Annexure-5 of the petitioner and thereafter another case has been lodged by the same informant that he has kidnapped the girl but the statement of the girl shows that

Patna High Court Cr.Misc. No.21846 of 2018 (3) dt.03-05-2018 2/2 she had gone on her own will and she married with the petitioner and the girl has disclosed her age as 18 years. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Bhagwanpur (Teyay O.P.) P.S.Case no.116 of 2017 dated 10.7.2017 G.R.No.2472 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T