Bhushan Kumar Paswan @ Bhushan Paswan @ Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55847 of 2021 Arising Out of PS. Case No.-179 Year-2019 Thana- BIHRA District- Saharsa ====================================================== BHUSHAN KUMAR PASWAN @ BHUSHAN PASWAN @ BHUSHAN KUMAR S/o CHANDESHWARI PASWAN R/o VILLAGE-DORMA, P.SBIHRA, DISTRICT-SAHARSA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 366-A and 34 of IPC and section 8 of POCSO Act.

Allegedly, the niece of the informant was kidnapped by the petitioner and other accused persons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in

Patna High Court CR. MISC. No.55847 of 2021(3) dt.13-10-2022 2/2 nature. After investigation police has filed final form against the petitioner. He submits that the statement of the victim was recorded under section 164 Cr.PC in which she has not supported the prosecution case. She stated that she willingfully left her house and went to Hyderabad where the petitioner was residing. He further submits that though the victim girl was minor at the time of occurrence but she is married to the petitioner and they have a child together. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Bihra P.S. Case No.179 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T