Bhulla Paswan @ Amarjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10 of 2022 Arising Out of PS. Case No.-113 Year-2020 Thana- RUDRAPUR District- Madhubani ====================================================== BHULLA PASWAN @ AMARJEET PASWAN Son of Suraj Paswan Resident of Village - Kanakpur Ujan, P.S.- Sakatpur, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha,Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-07-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 363/366A/34 of the IPC. The prosecution case, in short, is that on 19.09.2020, accused persons including the petitioner are alleged to have kidnapped the minor daughter (the victim) aged about 15 years of the informant for the purpose of her marriage. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.10 of 2022(3) dt.13-07-2022 2/3 police has recovered the victim from the house of the petitioner and the statement of the victim was recorded under Section 164 Cr.P.C. in which she has categorically stated that the petitioner has forcibly abducted the victim from her house. Except this, she has not alleged anything against the petitioner and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 09.10.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.T.No.33 of 2021 arising out of Rudrapur P.S. Case No.113 of 2020, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.10 of 2022(3) dt.13-07-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T