Chandreshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27819 of 2016 Arising Out of PS.Case No. -563 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Chandreshwar Paswan, S/o Sutta Paswan, resident of Village- Andhri, P.S Sadar Bhalpatti O.P., District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Sadar P.S. Case No.563 of 2015 for allegedly having committed the offence under Sections 363 and 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though there is an allegation against the petitioner of having kidnapped the minor girl, yet the victim in her statement made under Section 164 Cr.P.C. has not alleged any sexual act against the petitioner. The girl has further stated that she left her house on her sweet-will and had not been induced. Learned counsel submitted that at best a case under Section

Patna High Court Cr.Misc. No.27819 of 2016 (3) dt.20-12-2016 363 I.P.C. can be made out and not under Section 366A I.P.C., as has been alleged.

Considering the nature of allegations made and the statement of the victim under Section 164 Cr.P.C., let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Sadar P.S. Case No.563 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T