Jasbeer Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25906 of 2016 Arising Out of PS.Case No. -260 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jasbeer Paswan son of Gorakh Paswan.

2. Renu Kumari Daughter of Gorakh Paswan.

3. Sukhiya Devi, wife of Chhukauri Paswan. All are Resident of villagePurushottampur, Police Station-Majhaulia, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the State Mr. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-07-2016 Heard the counsel for the petitioners and Mr. Dayal, APP for the State.

The three petitioners herein have been named along with others as accused of Majhauliya P.S. Case No. 260 of 2015 registered under section 366-A/34 IPC. Hence the anticipatory bail application.

The informant has alleged that on the relevant date, a Barat had come to the village. After crossing the Barat from his door he could find that his sister aged about 14 years was abducted. On making enquiry, the case was lodged naming as many as eight persons as abductors. The police investigated

Patna High Court Cr.Misc. No.25906 of 2016 (2) dt.01-07-2016 2/3 the case. Thereafter the final form was submitted stating the case to be mistaken fact. The leaned Magistrate differing with the police report took cognizance.

It is stated that the girl was produced for her statement under section 164 Cr. P.C. in which the Magistrate has assessed her age about 18 years. She has admitted that both parties were at loggerheads. In her statement, she has not alleged about her abduction forcibly and subjecting to any sexual harassment.

Counsel for the petitioner states the learned Sessions Judge referring to various paragraphs of the case diary has noted in its order that the victim girl had love affairs with Kamlesh Paswan who is cited as the main accused. Considering the facts and circumstances of the case, the petitioners named above, in the event of arrest/surrender within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction learned 1st Additional District and Sessions Judge-cumSpecial Judge, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 260 of 2015 on condition that one of the bailors of each of the petitioners shall be their

Patna High Court Cr.Misc. No.25906 of 2016 (2) dt.01-07-2016 3/3 own/close family members. They shall appear in person on each date fixed at trial. In case of default on two consecutive dates, their bail bonds shall stand cancelled. (Kishore Kumar Mandal, J) HR/- U T