Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54779 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== 1.

Sanjay Paswan S/O Late Indal Paswan Resident Of Village- Dumra, Ward No.-5, P.S.- Dumra, Distt- Sitamarhi.

2.

Sumitra Devi W/O Sanjay Paswan Resident Of Village- Dumra, Ward No.-5, P.S.- Dumra, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363, 366(A) of the Indian Penal Code and 8 POCSO Act. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that victim in her statement recorded under

Patna High Court CR. MISC. No.54779 of 2022(2) dt.15-12-2022 2/2 section 164 of the Cr.P.C. has not supported the prosecution case. He submits that there is specific allegation against the coaccused Ranjan Kumar, who kidnapped the victim. He submits that there is general and omnibus allegation leveled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dumra P.S. Case No. 122 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) guddukr/- U T