Munilal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42301 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -INDUSTRIAL District- BHAGALPUR ====================================================== Munilal Paswan Son of Late Naresh Paswan, R/o Village- Tathari Tola, Sabour, P.S.- Sabour, District- Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 25.02.2017 in connection with Industrial Area P.S. Case No. 14 of 2017 Sessions Trial No. 531 of 2017 for offences punishable under Sections 366(A) & 34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter Aafrin had gone to the market but did not return. It is alleged that one Badal Paswan son of the petitioner must have taken her away for the purpose of marriage or killed her. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case just because he is
Patna High Court Cr.Misc. No.42301 of 2017 (3) dt.06-11-2017 2/3 father of the co-accused Badal Paswan. He submits that except being the father no allegation has been made against the petitioner and that charge-sheet has already been submitted, trial is going on and he undertakes to co-operate in the trial on day to day basis. However, learned APP for the State opposes the prayer for bail stating therein that the victim girl is still traceless. Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned IIIrd A.D.J. Bhagalpur in connection with Industrial Area P.S. Case No. 14 of 2017 Sessions Trial No. 531 of 2017, subject to the conditions that:
(1) Both bailors would be 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.
(2) Petitioner will appear before the learned court below during trial as and
Patna High Court Cr.Misc. No.42301 of 2017 (3) dt.06-11-2017 3/3 when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T