Munna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72403 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Munna Paswan Son of Ram Karam Paswan R/o village- Lakhaura Pukhari Tola PS- Lakhaura, District- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sngrim Ram Son of Late Rangi Ram Resident of village- Lakhaura Purwari Tola, PS- Lakhaura, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Namita Sharma, Advocate Mr. Anshu Dhar Sharma, Advocate Mr. Arun Kumar, Advocate For the State :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Muffasil (Lakhaura) P.S. Case no.63 of 2024, registered under sections 363, 365 and 354 of the Indian Penal Code and section 8 of the POCSO Act.
3. As per the prosecution case, the informant states that the eight named accused persons including the petitioner herein forcibly kidnapped his daughter and they were not ready to release her.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The daughter
Patna High Court CR. MISC. No.72403 of 2024(5) dt.05-06-2025 2/3 of the informant returned and her statement was recorded under section 164 of the Cr.P.C. wherein she described herself to be aged about 22 years. She has not supported the prosecution case instead she has categorically stated therein that she went with the petitioner out of her own volition. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the material that has transpired in course of investigation and especially the contents of the statement of the daughter of the informant recorded under section 164 of the Cr.P.C. wherein she describes her age to be 22 years and categorically states that she went and married the petitioner out of her own volition, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Muffasil (Lakhaura) P.S. Case no.63 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.72403 of 2024(5) dt.05-06-2025 3/3 each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge POCSO Act, East Champaran, Motihari. (Partha Sarthy, J) avinash/- U T