Vivek Paswan @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37518 of 2015 Arising Out of PS.Case No. -264 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ======================================================

1. Vivek Paswan @ Vivek Kumar Son of Lal Bahadur Paswan Resident of Village - Ekma, P.S. - Khodawandpur, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjay Kumar Singh For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-09-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Children From Sexual Offences Act.

The prosecution case is that the minor daughter of the informant was grazing goat, in the meantime the petitioner and Madan Paswan abducted her. Subsequently co-accused Madan Paswan threatened not to lodge the case. The victim in her 164 Cr.P.C statement alleged that co-accused Madan Paswan kidnapped her and this petitioner facilitated the kidnapping.

It is submitted by learned counsel for the petitioner that victim was apprehended in the company of co-

Patna High Court Cr.Misc. No.37518 of 2015 (2) dt.17-09-2015 2/2 accused Madan Paswan with whom she was in love. Coaccused Madan Paswan was put on trial for the charges under Sections 366A, 376 of the Indian Penal Code and Section 4 of the Prevention of Children From Sexual Offences Act, wherein Madan Paswan has been acquitted when neither the informant nor the victim supported the accusation.

The aforesaid facts constitute ground for consideration of regular bail, if the petitioner surrenders within a period of six weeks in connection with Khodawandpur P.S. Case No. 264 of 2014, pending in the Court of learned Additional Sessions Judge, 1, Begusarai.

With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T