Gigal Paswan And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.17798 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17798 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================

1. Gigal Paswan Son of Dhukhan Paswan

2. Lal Muni Devi Wife of Gigal Paswan Both Residents of VillageSahdullahpur, P.S. Ganga Bridge, District-Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2018 Heard both sides.

The petitioners apprehend their arrest in Hajipur Industrial Area P.S. Case No.188 of 2017 registered under Sections 365, 366, 370/120(B) of the Indian Penal Code. The informant alleged that on 28.11.2017, his daughter became traceless. The informant lodged the case on 03.02.2017 making allegation that the petitioners and their son, Ratnesh Kumar with the help of others must have kidnapped his daughter. The learned counsel for the petitioners submits that the petitioners are father and mother of Ratnesh Kumar. The victim passed his matriculation examination and the marksheet of victim(Annexure 2) shows that her date of birth was 26.02.1998.

Patna High Court Cr.Misc. No.17798 of 2018 (2) dt.05-04-2018 The occurrence took place on 28.11.2017. The victim was major. The victim was having love affairs with Ratnesh and they solemnized marriage. They are residing in Kolkata. Petitioners have no hand in the kidnapping of the daughter of the informant. Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that the petitioners are father and mother of Ratnesh Kumar, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Sunita Raj, learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Hajipur Industrial Area P.S. Case No.188 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T