Murari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2144 of 2021 Arising Out of PS. Case No.-244 Year-2017 Thana- MAHNAR District- Vaishali ====================================================== MURARI PASWAN son of Budhan Paswan Resident of Village- Lodipur, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

1.The State of Bihar

2. Jyoti Kumari daughter of Lachhuman Ram, resident of village Mahindwara, P.S. Mahnar, District Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Ranjan Kumar Singh, Advocate For the State :

Mr.Pranav Kumar, APP For opposite party No.2 :

Mr.Surya Narayan Roy, Advocate Mr.Ashok Kumar Singh, Advocate Mr.Ramesh Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 363, 366(A), 379, 120(B)/34 of the Indian Penal Code and Section 4 of the POCSO Act.

Prosecution case, in short, is that the informant was abducted by the accused persons including the petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.2144 of 2021(4) dt.16-05-2022 2/2 has falsely been implicated in the present case. The informant of the case has filed a petition in the court below, where she has retracted from her earlier statement made in the F.I.R. Said petition is Annexure 2 to the present application.

Counsel for the opposite party No.2 is present and he supports that the matter has been resolved between the parties and he does not want to pursue with the present prosecution. On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 1stcum-Special Judge, Hajipur at Vaishali in connection with Mahnar P.S. case No.244 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T