Ramjanam Paswan And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19273 of 2015 Arising Out of PS.Case No. -41 Year- 2014 Thana -NTPC KHAIRA District- AURANGABAD ======================================================

1. Ramjanam Paswan S/o Ram Prasad Paswan

2. Sarita Devi @ Sabita Devi wife of Ram Janam Paswan

3. Rinki Devi @ Rinki Kumari Daughter of Ram Janam Paswan resident of Village - Surar, P.S. N.T.P.C. Khaira District Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2015 Heard learned counsel for the petitioners and the State. The petitioner are apprehending his arrest in a case instituted under Section 366(A)/34 of the Indian Penal Code. The prosecution story, in brief, is that when the informant was cooking food in the house, the daughter of Dr. Ramjanam Paswan came and took Aarti Kumari with her for natural call outside. When Aarti Kumari did not return back then the wife of the informant went to the house of Dr. Ramjanam Paswan to ask about her daughter. Rinki Kumari avoided to answer and the wife of Ramjanam Paswan told that Aarti and her son Kanchan Paswan had gone 2 to 3 times to Nabinagar Bazar and both given their photograph together and later on the

Patna High Court Cr.Misc. No.19273 of 2015 (4) dt.04-09-2015 2/3 informant came to know that the villager Kamlesh Paswan had gone outside the village to leave them. It is further alleged that on 27.04.2014 at 9 P.M. Dr. Ramjanam Paswan had asked and demanded in written and told for return of his girl and ensured to bring the girl but it was said that the victim and the kidnapper have fled away some where.

On behalf of the petitioners it is submitted that the petitioner no.1 is the father of the boy (Kanchan Kumar), petitioner no.2 is the mother of Kanchan Kumar and petitioner no.3 is the sister of Kanchan Kumar, who is alleged to have taken the victim along with her. Further, it is submitted that petitioner nos. 2 and 3 are ladies.

On behalf of the State, it is submitted that the victim and the said boy Kanchan Kumar have not yet been recovered.

Considering the fact that petitioner nos. 2 and 3, namely, Sarita Devi @ Sabita Devi and Rinki devi @ Rinki Kumar are ladies, let they, in the event of their arrest or surrender in the court below within a period of four weeks, be released 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 learned C.J.M., Aurangabad in connection with Khaira P.S.Case No.

Patna High Court Cr.Misc. No.19273 of 2015 (4) dt.04-09-2015 3/3 41/2014, subject to the conditions as laid down u/s 438(2) Cr.P.C. So far petitioner no.1, Ramjanam Paswan, is concerned, his prayer for anticipatory bail is rejected. (Sudhir Singh, J) singh/- U T