Patna High CourtCR. MISC./20814/2017bail granted

Tribeni Paswan v. The State Of Bihar

2017-06-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20814 of 2017 Arising Out of PS.Case No. -429 Year- 2016 Thana -FATUHA District- PATNA ====================================================== Tribeni Paswan, son of Rajballabh Paswan, Resident of Village- Kali Bazar, P.S.- Kalpa, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Fatuha P.S. Case No. 429 of 2016 instituted for the offence under Section 366(A)/34 of the Indian Penal Code and Section 8 of POCSO Act. As per written report, the minor daughter of the informant had gone to an orchard for attending call of nature and did not return. The informant learnt that Tribeni Paswan (petitioner) along with his nephew had kidnapped his daughter. The statement of the victim has been recorded under Section 164 Cr. P.C. which has been enclosed as Annexure-2 wherein the girl has stated that petitioner who belongs to her village had forcibly brought her to his house from Auto and gave threat to her to get money from her father. He did not commit any

Patna High Court Cr.Misc. No.20814 of 2017 (3) dt.23-06-2017 2/2 misbehaviour or illegal act with her. He merely gave threatening. The petitioner is said to be in custody since 11.11.2016. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

In such circumstances, keeping in view the period spent by the petitioner in custody and he has clean antecedent, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Patna, in connection with Fatuha P.S. Case No. 429 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T