Dilip Paswan @ Sulendra @ Surendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56325 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- LARJHAGHAT District- Samastipur ====================================================== 1.
Dilip Paswan @ Sulendra @ Surendra Paswan Son of Ram Avtar Paswan R/O Vill.- Banbhoura, P.s.- Larjaghat, Dist.- Samastipur. 2.
Kevali Devi Wife of Dilip Paswan @ Sulendra @ Surendra Paswan R/O Vill.- Banbhoura, P.s.- Larjaghat, Dist.- Samastipur. 3.
Sulochana Kumari Wife of Ankit Kumar R/O Vill.- Banbhoura, P.s.- Larjaghat, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Singh, Advocate For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Larjhaghat P.S. Case No. 02 of 2024, registered on 02.01.2024 for the offences under Sections 363, 366A of the Indian Penal Code.
3. As per prosecution case, the petitioners and coaccused enticed away minor daughter of the informant with intention of marriage.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The petitioners are the parents and sister-in-law
Patna High Court CR. MISC. No.56325 of 2024(2) dt.04-09-2024 2/3 (Bhabhi) of co-accused Sankit Kumar Paswan, respectively and the allegation against the petitioners and co-accused are completely false and concocted. The petitioners have no role in missing of the daughter of the informant. The daughter of the informant was having love affair with co-accused Sankit Kumar Paswan, who had been working in Hyderabad and it appears that the daughter of the informant herself left her house and thereafter, both the daughter of the informant and co-accused Sankit Kumar Paswan are traceless. Learned counsel further submits that Aadhar Card of the victim girl shows her date of birth to be 01.01.2006 and she was about 18 yeas at the time of alleged occurrence and not minor.
Learned counsel further submits that in order to harass and humiliate the petitioners, the husband of the informant of this case along with a number of other persons attacked the house of the petitioners and brutally assaulted all the family members including female inmates and looted valuables. For the said occurrence, another son of petitioner nos. 1 and 2 has lodged Larjhaghat P.S. Case No. 03 of 2024. Learned counsel further submits that the petitioners are having clean antecedent.
5. Learned APP opposes the submission made on behalf of the petitioners.
Patna High Court CR. MISC. No.56325 of 2024(2) dt.04-09-2024 3/3
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Rosera, Samastipur/concerned court in connection with Larjhaghat P.S. Case No. 02 of 2024, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) DKS/- U T