Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49420 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- DURAULI District- Siwan ====================================================== 1.

AJAY SAINI Son of Rajiv Narain Mali Resident of Village - Darauli, P.S.- Darauli, District - Siwan.

2.

Arvind Saini Son of Rajiv Narain Mali Resident of Village - Darauli, P.S.- Darauli, District - Siwan.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mallika Mazumdar, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners seek bail in a case instituted for the offences under Sections 363, 366(A) of the Indian Penal Code. Prosecution allegation, in short, is that the daughter of the informant left the house but later she did not return her home. The informant suspects that the accused persons have abducted her for the purpose of marriage.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.49420 of 2022(2) dt.21-12-2022 2/2 they are in custody since 16.05.2022 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has stated that she left the house out of her own will.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan in connection with Darauli P.S. Case No. 130/2022, G.R. Case No. 1865/22. (Sudhir Singh, J) Pankaj/- U T