Akal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62566 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Akal Paswan Son Of Late Nanhak Paswan Resident Of Village- Hiramani, Ps- Chhauradano, Dist- East Champaran 2.

Buchchi Devi @ Anju Devi Wife Of Akal Paswan Resident Of VillageHiramani, Ps- Chhauradano, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Section 366(A), 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. On the alleged date of occurrence, the minor daughter of the informant had gone to fetch biscuit from village shop, in the meantime, all the accused persons came and kidnapped her for the purpose of either marriage or selling her.

4. It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case merely because they are father and mother of co-accused Ujay Kumar, against whom, there is specific allegation of kidnapping of

Patna High Court CR. MISC. No.62566 of 2023(2) dt.11-10-2023 2/2 daughter of informant. The victim, in her statement recorded under Section 164 Cr.P.C., has not whispered anything against these petitioners. There is general and omnibus allegation. Petitioners have got clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran at Motihari in connection with Chhauradano P.S. Case No. 137 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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