Dilip Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61968 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Dilip Paswan Son of Raja Ram Paswan @ Raja Ram R/V-Village Rajpur Pokhar, P.S.- Sangrampur, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar For the Opposite Party/s :
Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sagarampur Police Station Case No. 57 of 2024, dated 06.03.2024, disclosing offences under Sections 363/366A/506/504/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner, along with others, kidnapped the minor daughter of the informant aged about 16 years for the purpose of marriage.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and there was love relationship between the
Patna High Court CR. MISC. No.61968 of 2024(2) dt.17-10-2024 2/3 petitioner and the victim girl. The age of the girl was assessed by the medical board between 18 to 19 years and learned Magistrate, at the time of recording the statement of the victim girl under Section 164 of the Code of Criminal Procedure, has assessed the age of girl between 17 to 18 years. He further submits that the victim girl, in her statement recorded under Section 164 of the Code of Criminal Procedure, has stated that she left her house on her own free will and went to Mumbai along with the petitioner and solemnized marriage with him in a temple.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the statement recorded under Section 164 of the Code of Criminal Procedure of the victim girl, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with
Patna High Court CR. MISC. No.61968 of 2024(2) dt.17-10-2024 3/3 Sagarampur Police Station Case No. 57 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T