Anil Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59696 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- PALI District- Jehanabad ======================================================

1. Anil Paswan, S/o- Bhuneshwar Paswan,

2. Bhuneshwar Paswan, S/o- Chamari Paswan.

All R/o Vill.- Sikaria, P.S.- Paliganj, District of Jahanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhu Narayan Sharma, Adv.

For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366 A/34 of the IPC. The prosecution case, as per the written report of Ram Vinay Yadav, submitted to the S.H.O., Pali P.S., is to the effect that on 08.06.2018 at about 9:30 AM, Puja Kumari, fourteen years old daughter of the informant was going to Kako bazaar for marketing, but midway, she was kidnapped, by co-accused Sudhir Kumar, petitioner no.1, Anil Paswan, and petitioner no.2, Bhuneshwar Paswan.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the co-accused Sudhir Kumar.

Patna High Court Cr.Misc. No.59696 of 2018(2) dt.28-09-2018 2/2 The victim in her statement recorded under Section 164 Cr. P.C., got her age recorded as 18 years and the Court also assessed her as such, where she stated that she on her own, went in the company of co-accused Sudhir Paswan.

Learned APP submits that the petitioners are named in the FIR and the accusation is specific against them. Considering the statement of the victim recorded under Section 164 Cr. P.C., that she of her own went in the company of co-accused Sudhir Paswan and where she had not even named the petitioners, who happen to be brother and father of the co-accused Sudhir Paswan, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Jehanabad in connection with Pali P.S. Case No.30 of 2018 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/Deepak/- U T