Bishwanath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69010 of 2019 Arising Out of PS. Case No.-230 Year-2018 Thana- MANIYARI District- Muzaffarpur ====================================================== BISHWANATH PASWAN Son of Khelawan Paswan Resident of VillageMadhaul, P.S-Maniyari, District-Muzaffarpur. ... ... Petitioner.

Versus

The State of Bihar.

... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366 A & 504/34 of the Indian Penal Code.

The minor daughter of informant was having talking term with one Pankaj Kumar on mobile and the said Pankaj Kumar in association of his 2-3 friends kidnapped the daughter of the informant and when the informant approached the father of the Pankaj Kumar, the mother and father of the said Pankaj Kumar made him to leave their house slating her. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.69010 of 2019(2) dt.04-12-2019 2/3 that no such occurrence as alleged ever took place. He has been falsely implicated in this case merely because he happens to be father of the said Pankaj Kumar. There is no allegation of kidnapping the victim against the petitioner in the F.I.R. As a matter of fact, both the victim and the son of the petitioner were in love and they eloped to some unknown place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no eye witness of the occurrence. There is inordinate delay of five days in lodging the case without assigning any plausible explanation for the said delay. Similarly situated co-accused, namely, Haweli Devi has been enlarged on bail by a co-ordinate bench of this court vide order dated 19.07.2019 passed in Cr. Misc. No. 9075 of 2019. The petitioner has no criminal antecedent and has been languishing in custody since 04.09.2018.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 6th, Muzaffarpur in connection with

Patna High Court CR. MISC. No.69010 of 2019(2) dt.04-12-2019 3/3 Sessions Trial No.125 of 2019, arising out of Maniyari P.S. Case No.230 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T