Mahesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66416 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- MAINATAND District- West Champaran ====================================================== 1.
MAHESH PASWAN Son of Late Hari Hazra, Resident of village - Sakraul, P.S.- Inarwa, District - West Champaran.
2.
Sinod Paswan Son of Late Hari Hazra, Resident of village - Sakraul, P.S.- Inarwa, District - West Champaran.
3.
Dhinesh Paswan @ Dinesh Paswan Son of Late Hari Hazra, Resident of village - Sakraul, P.S.- Inarwa, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as the Additional Public Prosecutor for the State. At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner no. 1 has been arrested and, as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this petition with respect to him. In view of the aforesaid submission, this petition is
Patna High Court CR. MISC. No.66416 of 2021(2) dt.22-07-2022 2/3 dismissed as withdrawn with respect to petitioner no. 1. Petitioner nos. 2 and 3 apprehend their arrest in connection with Mainatand P.S. Case No. 29 of 2021 registered for offence punishable under sections 363, 366-A of the Indian Penal Code.
So far as petitioner nos. 2 and 3 are concerned, the investigating authority submitted final form against them and charge sheet was submitted only against the co-accused Dharmraj Paswan @ Subodh Paswan and he was granted regular bail by the coordinate Bench in Cr. Misc. No. 58269 of 2021 on 12.05.2022 mentioning therein that the victim, in her statement under section 164 of the Code of Criminal Procedure, has stated that she wanted to live with co-accused Dharmraj Paswan. She had also stated that she was not kidnapped. Considering the above-mentioned facts and circumstances, let the above-named petitioner nos. 2 and 3, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cumSpecial Judge, West Champaran at Bettiah in connection with Mainatand P.S. Case No. 29 of 2021, subject to condition as laid
Patna High Court CR. MISC. No.66416 of 2021(2) dt.22-07-2022 3/3 down under section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T