Mangnu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43163 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Mangnu Paswan Son of Late Nathuni Paswan Resident of Village-Koniya, P.S.-Kusheshwarastha, District-Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-11-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 22.04.2017 in connection with Kusheshwarasthan P.S. Case No. 73/2017, for offences alleged under Sections 366, 346 and 34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that his wife Chanchal Devi had gone to the field for cutting grass and did not return.

It has been submitted by the learned counsel for petitioner that he is innocent, not named in the F.I.R and bears no criminal history. He submits that F.I.R. has been lodged after two days delay and no plausible explanation has been given for such

Patna High Court Cr.Misc. No.43163 of 2017 (3) dt.14-11-2017 2/3 delay. Thereafter, after a week the informant had filed a petition before the police that all the family members of the petitioner including the petitioner are involved in abducting his wife and the petitioner was heard by someone that the lady should not be brought in the village. He submits that only on suspicion the petitioner along with his family members including the daughterin-law has been made accused. He further submits that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses.

However, learned A.P.P. opposes the prayer for bail stating therein that victim lady is still traceless. Considering the facts and circumstances of the case and material on record, let the petitioner named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Benipur, Darbhanga, in connection with Kusheshwarasthan P.S. Case No. 73/2017, subject to the condition that both bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/court, who will file an affidavit stating their relationship with the petitioner and that the petitioner will appear before the police/court as and when required

Patna High Court Cr.Misc. No.43163 of 2017 (3) dt.14-11-2017 3/3 and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Vinita/- U T