Patna High CourtCR. MISC./51462/2023allowed

Raja Paswan v. The State Of Bihar

2023-08-23Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51462 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== Raja Paswan Son of Shambhu Paswan Resident of Village- Nardahiya, P.S.- Dhamdaha, District- Purnia ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Navin Kumar, Advocate Mr. Rabindra Nath Tiwari, Advocate Mr. Rakesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Dhamdaha P.S. Case No. 103 of 2023 registered for the offence punishable under Sections 363 and 365 of the Indian Penal Code.

3. As per prosecution case, due to love affairs the wife of the informant ran away with the petitioner.

4. Learned counsel for the petitioner submits that petitioner is a student and has falsely been implicated in this case. The wife of the informant is aged about 27 years and she has not alleged using of any force against her by the petitioner. Petitioner has no criminal antecedent and the statement of the

Patna High Court CR. MISC. No.51462 of 2023(2) dt.23-08-2023 2/2 informant wife does not corroborate with the first information report. The petitioner is himself the victim of the circumstances.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Sub Divisional Judicial Magistrate, Dhamdaha in connection with Dhamdaha P.S. Case No. 103 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) shweta/- U T