Chandrashekhar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49828 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- SAHPUR District- Patna ====================================================== CHANDRASHEKHAR PASWAN, Son of Late Dina Nath Paswan, Resident of Village- Deokuli, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Krishna Prasad Yadav For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 16-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Shahpur P.S. Case No.96 of 2019 instituted for the offence under Section(s) 364 Indian Penal Code.

Counsel for the petitioner submits that mere suspicion has been raised against the petitioner. Petitioner was driver of the informant.

In the written report, it is alleged that informant called the petitioner to go for market by his car. The informant went inside to get the house locked leaving her daughter Misty in Car. The informant returned back after 2-4 minutes and found that the driver, her daughter and the vehicle were missing. The informant ranged on the mobile of the petitioner but the same was found switched off. The informant has raised suspicion

Patna High Court CR. MISC. No.49828 of 2019(2) dt.16-08-2019 2/2 against the petitioner.

Counsel for the petitioner submits that victim girl is aged about two years. She has already been recovered. Petitioner has been made accused because there was dispute of dues of his wages with the informant.

In the impugned order, learned Additional Sessions Judge has mentioned that Misti was recovered in senseless condition from jurisdiction of Karpi P.S.

As such, there is no recovery of victim from possession of the petitioner.

Petitioner is in custody since 20.03.2019 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail 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 the ACJM-I, Danapur, Patna, in connection with Shahpur P.S. Case No.96 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T