Amit Paswan @ Amit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.228 of 2022 Arising Out of PS. Case No.-91 Year-2012 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

AMIT PASWAN @ AMIT KUMAR PASWAN Son of Sri Paswan Kumar Paswan Resident of Village - Khutauna, P.S.- Benipatti, Distt.- Madhubani. 2.

SATYA NARAYAN PASWAN Son of Sri Jamun Paswan Resident of Village - Basuki bihari, P.s.- Madhwapur, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2022 At the outset of argument learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of petitioner No.1, Amit Kumar Paswan. Prayer is allowed.

This anticipatory bail petition is dismissed as withdrawn against petitioner No.1.

Heard learned counsel for the petitioner and the State. Petitioner No.2 apprehends his arrest in a case registered for the offence punishable under Section 363, 363(A), 366, 366(A), 120B/34 of the Indian Penal Code. As per the prosecution case, this petitioner along with other FIR named accused persons kidnapped the minor daughter

Patna High Court CR. MISC. No.228 of 2022(4) dt.14-11-2022 2/2 of the informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that victim in her statement u/s 164 of the Cr. P. C. has not levelled any specific accusation of sexual misconduct against this petitioner. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and statement of victim recorded u/s 164 of the Cr. P. C. coupled with clean antecedent of the petitioner, let the petitioner No.2, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Rajnagar PS case No. 91/ 2012, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T