Dudheshwar Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.172 of 2015 Arising Out of PS.Case No. -247 Year- 2014 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Dudheshwar Paswan son of Late Jamuee Paswan @ Jumai Paswan
2. Kamlesh Paswan son of Dhudheshwar Paswan
3. Chandan Paswan @ Chandan Kumar son of Suresh Paswan
4. Suresh Paswan son of Dhudheshwar Paswan
5. Bimlesh Paswan son of Dhudheshwar Paswan
6. Bijanti Devi @ Baijanti Devi wife of Kamlesh Paswan
7. Dhaneshwari Devi wife of Dhudheshwar Paswan
8. Ravi Kumar @ Rabi Paswan son of Suresh Paswan
9. Deepu Kumar son of Kamlesh Paswan
10. Indu Devi wife of Bimlesh Paswan
11. Sunita Kumari daughter of Suresh Paswan
12. Shekhar Paswan son of Anil Paswan
13. Birendra Singh @ Birendra Kumar S/O All resident of VillageKatahariya, P.S. Daudnagar, District- Aurangabad (Bihar) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2015 The petitioners are apprehending their arrest in connection with Daudnagar P.S.Case No. 247 of 2014 instituted under Section 366 of the Indian Penal Code.
Heard learned counsel for the petitioners and the State. The allegation against the petitioners is of kidnapping the daughter of the informant.
Patna High Court Cr.Misc. No.172 of 2015 (3) dt.07-05-2015 2/3 It has been submitted on behalf of the petitioners that the petitioners are relation of co accused Deepak Kumar and there is no allegation against the petitioners for committing any offence rather their names come merely on the basis of being related to co accused Deepak Kumar. Further it has been submitted that FIR has been instituted after a delay of two months of the occurrence and no explanation has been given on behalf of the informant regarding delay in instituting the present case. Further it has been submitted that prior to the present incident the victim had fled away from her house and regarding the same an informatory petition was filed by her father ,vide Annexure 2 to the present application and the age of the victim has been assessed to be 17 years.
On behalf of the State it has been submitted that in course of investigation it has come that out of love affairs with one Deepak Kumar she has eloped with him. So far petitioners are concerned, there is no allegation against them. Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudanagar in Daudnagar P.S.Case No. 247 of 2014,
Patna High Court Cr.Misc. No.172 of 2015 (3) dt.07-05-2015 3/3 subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singhU T