Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45908 of 2014 Arising Out of PS.Case No. -209 Year- 2014 Thana -BARH District- PATNA ======================================================

1. Dinesh Paswan son of Subey Paswan resident of village Ghamasan, P.S. Rahuai, District Nalanda at Biharsharif.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46876 of 2014 Arising Out of PS.Case No. -209 Year- 2014 Thana -BARH District- PATNA ======================================================

1. Sharvan Paswan son of Jitu Paswan

2. Sudha Devi wife of Sharwan Paswan resident of Ghamasang, P.S. Rahui District - Nalanda at Biharsharif .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.45908 of 2014) For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad, APP (In Cr.Misc. No.46876 of 2014) For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv. For the Opposite Party/s : Mr. Dr.Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-04-2015 Heard learned counsel for the parties.

The petitioners in the two applications apprehend their arrest in connection with Barh P.S. Case No. 209 of 2014 for the offences punishable under Sections 366A and 120(B) of Indian Penal Code.

Patna High Court Cr.Misc. No.45908 of 2014 (2) dt.10-04-2015 2 / 2 Learned counsel for the petitioners with reference to the F.I.R. submits that whereas it is the own submission of the informant that with her consent her daughter accompanied with accused Pintu Kumar on his scooter, the position is further clarified by the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure wherein she has stated that she had gone on her own volition and there is no such statement that she was subjected to any sexual assault. He further submits that the petitioners have charged with conspiracy and aiding the abduction.

Having heard learned counsel for the parties and taking note of the submissions of learned counsel and the materials on record, let the petitioners namely, Dinesh Paswan, Sharvan Paswan and Sudha Devi in the event of their arrest/surrender within four weeks from today, be released on bail upon each of them furnishing individual bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, District Patna in connection with Barh P.S. Case No. 209 of 2014 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. (Jyoti Saran, J) Bibhash/- U T