Rajeev Paswan @ Jitendra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31546 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================
1. Rajeev Paswan @ Jitendra, S/o Shankar Paswan, R/o- Manjhaul, P.S.- Cheriabariyarpur, Distt- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-07-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Cheriyabariyarpur P.S. Case No.111 of 2016 instituted for the offence under Section(s) 366-A Indian Penal Code. In the written report, specific allegation has been made by the informant that Raja Paswan enticed his minor daughter for the purpose of marriage, but the victim girl on her recovery gave statement under Section 164 Cr. P.C., wherein, she has stated that she has voluntarily gone with Raja Paswan and other accused persons including this petitioner. She has further stated in the statement that she has returned home voluntarily. During the course of hearing, counsel for the petitioner has produced certified copy of the statement of the
Patna High Court Cr.Misc. No.31546 of 2017 (2) dt.17-07-2017 2/3 victim girl recorded under Section 164 Cr. P. C. The petitioner is not named in the First Information Report. Name of the petitioner has come in the statement of the victim girl recorded under Section164 Cr. P.C., wherein, she has stated that she had voluntarily gone with Raja Paswan and other accused persons including this petitioner and thereafter has retuned home voluntarily.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Cheriyabariyarpur P.S. Case No.111 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Manjhaul, Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the
Patna High Court Cr.Misc. No.31546 of 2017 (2) dt.17-07-2017 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T