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Patna High CourtCR. MISC./55964/2018dismissed

Suman Kumar Paswan v. The State Of Bihar

2018-11-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55964 of 2018 Arising Out of PS. Case No.-176 Year-2018 Thana- CHHATAPUR District- Supaul ====================================================== Suman Kumar Paswan S/o Shivji Paswan @ Shiv Nandan Paswan, R/o Vill.- Gwalpara, P.S.- Chhatapur (Rajeshwari U.P.), District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh For the Opposite Party/s :

Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-11-2018 The petitioner seeks regular bail in connection with Chhatapur P.S. Case No. 176 of 2018, registered for offences punishable under Sections 366, 323, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the daughter of the informant for marriage purpose. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and in fact there was love affair between the daughter of the informant and the petitioner and Medical Board has assessed the victim to be major. It has also been submitted that the marriage has been solemnized between the daughter of the informant and the petitioner. Petitioner has no criminal antecedent and has been

Patna High Court Cr.Misc. No.55964 of 2018(3) dt.02-11-2018 2/2 in judicial custody since 13.06.2018 Learned counsel for the State opposed the prayer for bail and submitted that the girl in her statement under Section 164 Cr.P.C. has stated that she was kidnapped by the petitioner, who confined her in his house and forcibly performed marriage with her.

Having heard both sides, considering the facts and circumstances of the case, at this stage, I am not inclined to enlarge the petitioner on bail.

This application is accordingly dismissed.

However, once the charge is framed, the petitioner is at liberty to renew his prayer for bail in the court below iteself. (Vinod Kumar Sinha, J) sunilkumar/- U T