Dadan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75584 of 2018 Arising Out of PS. Case No.-431 Year-2017 Thana- BRAHMPUR District- Buxar ====================================================== Dadan Paswan Son of Late Mukhlal Paswan Resident of Village-Banswar,P.S. Brahmpur,Distt.-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh, Advocate For the Opposite Party/s :

Mr. Sri Dilip Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Brahmpur P.S. Case No. 431 of 2017 registered for the offences punishable under Sections 366(A)/120(B)/504 of the Indian Penal Code.

Informant is the father of victim who has stated that his minor daughter had gone to Raghunathpur Market but she did not return and he suspects that his minor daughter has been kidnapped by Motak Paswan for purpose of marriage It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The girl has been recovered and in her statement she has stated that she has solemnized marriage

Patna High Court Cr.Misc. No.75584 of 2018(2) dt.18-12-2018 2/2 with Motak Paswan and she is major. Petitioner is the father of Motak Paswan. Petitioner is in custody since 18.06.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Brahmpur P.S. Case No. 431 of 2017, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T