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Patna High CourtCR. MISC./51244/2017allowed

Sadhu Paswan And ANR v. The State Of Bihar

2017-12-12Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.51244 of 2017 (3) dt.12-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51244 of 2017 Arising Out of PS.Case No. -41 Year- 2014 Thana -NTPC KHAIRA District- AURANGABAD ======================================================

1. Sadhu Paswan, son of Naresh Paswan,

2. Ramadhar Paswan, Son of Musafir Paswan, Resident of Village Surar, P.S. N.T.P.C. Khaira, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari, Adv. For the Opposite Party/s : Mr. Sri Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of N.T.P.C. Khaira Police Station Case No. 41 of 2014, disclosing offences under Sections 366/34 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the co-accused, Kanchan Kumar and the victim girl has solemnized marriage and they are living happily, which is evident from annexure-3. Moreover, the informant has also filed a compromise petition before the Chief Judicial Magistrate, Aurangabad stating that the

Patna High Court Cr.Misc. No.51244 of 2017 (3) dt.12-12-2017 dispute between the parties has been resolved, which is evident from annexure-4. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with N.T.P.C. Khaira Police Station Case No. 41 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T