Nathuni Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50912 of 2022 Arising Out of PS. Case No.-362 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== NATHUNI PASWAN Son of Late Ramswarup Paswan Resident of Village - Alampur Ward No.14, P.S.- Bibhutipur, Distt.- Samastipur.... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Bibhutipur P.S. Case No. 362 of 2021 under sections 366(A) and 34 of the Indian Penal Code.

As per the prosecution story, the informant alleged that Sindhiya Kumari was visiting the house of Saraswati Kumar, thereafter she became traceless and subsequently, they received mobile call that she will not meet them. Further, they have strong belief that Saraswati Kumari and the petitioner herein are the persons behind the said disappearance of Sindhiya Kumari.

Learned counsel for the petitioner submits that he is an aged person having no role to play in the matter and only because the girl had come to his place to attend 'Puja', they have

Patna High Court CR. MISC. No.50912 of 2022(2) dt.16-01-2023 2/2 been dragged in this case.

Further allegation is that the concerned Mukhiya of Gram Panchayat, Raj Singhiya Bujurg north, Bibhutipur, Samastipur has given a certificate dated 13.01.2023 stating that the girl has since married at her own and living happily with her husband.

Let the certificate be kept on record.

Considering the statement put forward by the learned counsel for the petitioner as also that he is an aged person, having no criminal antecedent, this Court is inclined to grant him the privilege of anticipatory bail. Let the petitioner be released on bail, in the event of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIInd, Rosera, Samastipur, in connection with Bibhutipur P.S. Case No. 362 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T