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Patna High CourtCR. MISC./1709/2018bail granted

Chandeshwar Paswan @ Chandrashwar Paswan And ANR v. The State Of Bihar

2018-02-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1709 of 2018 Arising out of PS. Case No.-257 Year-2016 Thana- BIRPUR District- Supaul ======================================================

1. CHANDESHWAR PASWAN @ CHANDRASHWAR PASWAN, S/o Kailu Paswan, R/o Village- Bababbganj, P.S.- Falkaha, District- Araria.

2. Ravindra Kumar Paswan @ Ravi S/o Kapildev Paswan , R/o Village- Gospurpati, Ward No.09, P.S.- Birpur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. SRI ARBIND KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Birpur P.S. Case No. 257 of 2016 registered for the offence punishable under Sections 366/34 of the Indian Penal Code.

The allegation of the victim girl is that the accused persons had conspired together and abducted the victim girl whereafter one of the co-accused namely Vijendra Paswan had established physical relationship with the victim girl and had also snatched her ornaments.

The learned counsel for the petitioners submits that the petitioners herein have not been assigned any role of overt act or

Patna High Court Cr.Misc. No.1709 of 2018(3) dt.16-02-2018 2/2 sexual abuse by the victim girl and as far as the main accused namely Vijendra Paswan is concerned, he has already been granted bail. It is further submitted that the petitioners are having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur (Supaul) in connection with Birpur P.S. Case No. 257 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T