Mithlesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8243 of 2018 Arising Out of PS.Case No. -606 Year- 2017 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Mithlesh Paswan, S/o Late Chandra Paswan, R/o Village- Basawan Bigha, P.S.- Bihar, District- Nalanda .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-03-2018 Heard counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 25.11.2017 in connection with Bihar P.S. Case No.606 of 2017 registered for the offence under Sections 365/34, 120B of the Indian Penal Code and Sections 9, 10, 11 of the Prohibition of Child Marriage Act, 2006.
Learned counsel for the petitioner submits that the petitioner has not been made an accused, but later his name has surfaced during the course of investigation. It is further submitted that there is no direct evidence to connect the petitioner with the alleged offence.
Diary in the present case was called for, which
Patna High Court Cr.Misc. No.8243 of 2018 (3) dt.05-03-2018 2/2 has since been received.
Learned counsel for the State submits that the victim boy Bhrigu Kumar in his statement under Section 164 Cr.P.C. has stated that the petitioner had given Lapper Thapper to him compelling him to put vermilion on the forehead of the daughter of Late Satyendra Paswan. Having considered the entire facts and circumstances of the case and that the petitioner has been in custody for almost three months, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No.606 of 2017.
(Anjana Mishra, J) PNM U T