Tuntun Kumar Paswan @ Tuntun Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41049 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -MAHILA PS District- KHAGARIA ======================================================
1. TUNTUN KUMAR PASWAN @ TUNTUN KUMAR, Son of Late Sagar Paswan, Ward No.5,
2. Niro Paswan, Son of Murli Paswan, Ward No.9, Both are resident of Village- Bela Simri, Police Station- Khagaria (Gangaur), District- Khgaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2018 The petitioners are apprehending their arrest in connection with Khagaria Mahila P.S. Case No. 26 of 2018, registered for offences punishable under 363, 366A and 506 of the Indian Penal Code.
Allegation against the petitioners is of kidnapping the informant for the purpose of marriage.
It has been submitted on behalf of the petitioners that the witnesses during course of investigation has submitted that there was love affair between the informant and the petitioner no.1 and he has falsely been made accused in this case. Learned counsel for the State opposed the prayer for bail and submitted that the petitioners have kidnapped the informant
Patna High Court Cr.Misc. No.41049 of 2018 (3) dt.23-08-2018 2/2 for the purpose of marriage but due to pressure of society as well as the police, the informant was brought back. Having heard both sides, considering the facts and circumstances of the case and the nature of offence, I am not inclined to grant the privilege of anticipatory bail rather he should surrender before the court below and make prayer for regular bail, which will be considered by the court below on the merit of the case.
With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U T