Ashok Paswan @ Ashok @ Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67254 of 2021 Arising Out of PS. Case No.-02 Year-2019 Thana- BISFI District- Madhubani ====================================================== 1.

ASHOK PASWAN @ ASHOK @ BHOLA PASWAN Son of Ratan Paswan Resident of Village - Sasarama P.S.- Bisfi, Distt.- Madhubani. 2.

Ratan Paswan Son of Late Rameshwar Paswan Resident of Village - Sasarama P.S.- Bisfi, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 366A/34 of the Indian Penal Code and Section 12 of POCSO Act.

Allegation is that co-accused Arjun Paswan kidnapped the daughter of the informant for the purpose of marriage. The petitioners also helped in kidnapping.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.67254 of 2021(2) dt.04-04-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded. As per the allegation, the main allegation is against the coaccused, namely, Arjun Paswan. As far as petitioners are concerned, they happen to be the brother and father respectively of co-accused Arjun Paswan. Hence they have been made accused in the present case.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-cum-Special Judge 7th, Madhubani (POCSO Act) in connection with Bisfi P.S. case No.02 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T