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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50665 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- SAKSOHRA District- Patna ====================================================== KUNDAN KUMAR @ KUNDAN KUMAR PASWAN S/O Sudhir Paswan R/O Village- Andauli, P.S- Sakshohar, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Saksohara P.S. Case No.14/2023 registered for the offences punishable under Sections 232, 341, 307, 366(A) and 504/34 of the Indian Penal Code. The petitioner has got no criminal antecedent.

3. As per the prosecution story, on 08.02.2023 about 2.30 AM all the accused persons including this petitioner came to the house of the informant and forcefully trying to take away her daughter. It is further alleged that when the informant made protest then all the accused persons started assaulting the informant.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.50665 of 2023(2) dt.19-08-2023 2/3 victim girl has come back and she had made statement under Section 164 Cr.P.C. in which she has stated that on her own volition she had left her house and gone to the station from where she had gone to the place of her Bua. Learned counsel submits that there is no allegation against this petitioner and he has otherwise no criminal antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission that the victim girl has come back and she had made statement under Section 164 Cr.P.C. in which she has stated that on her own volition she had left her house and gone to the station from where she had gone to the place of her Bua, the submission being that there is no allegation against this petitioner and he has otherwise no criminal antecedent, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Barh, Patna in connection with Saksohara P.S. Case No. 14/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.50665 of 2023(2) dt.19-08-2023 3/3

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T