Deepak Paswan @ Deepak Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52838 of 2016 Arising Out of PS.Case No. -162 Year- 2016 Thana -BARHARA District- PURNIA ====================================================== DEEPAK PASWAN @ DEEPAK KUMAR PASWAN, Son of Late Kusheshwar Paswan, Resident of Village- Gulela Bhitta,P.S.- Barhara, District- Purnea .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 19.07.2016 in connection with Barhara P.S. Case No. 162/16 registered for the offences punishable under Sections 362, 366, 494, 120-B/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her daughter Sita Kumari was kidnapped by the petitioner and one another for the purpose of marriage with petitioner. It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and has falsely been implicated in the aforesaid case. It is submitted that First Information Report has been lodged after four days of the
Patna High Court Cr.Misc. No.52838 of 2016 (2) dt.19-12-2016 2/2 alleged occurrence and another co-accused, who had taken away the informant's daughter has since been granted the privilege of bail by this Court in Cr. Misc. No. 42074 of 2016 on 01.12.2016. It is further submitted that no specific overt act has been alleged against the petitioner and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, considering the facts and circumstances and since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 5th Addl. Sessions Judge, Purnea, in connection with Barhara P.S. Case No. 162/16.
(Nilu Agrawal, J.) Rajesh/- U T