Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68225 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- DEV District- Aurangabad ====================================================== 1.

Vijay Paswan Son of Ajay Paswan R/Village- Pachawkhar Chawrasiya Nagar Nagar, P.S.-Deo, Distt.- Aurangabad (Bihar) 2.

Suddu Paswan Son of Ajay Paswan R/Village- Pachawkhar Chawrasiya Nagar Nagar, P.S.-Deo, Distt.- Aurangabad (Bihar) 3.

Dhirendra Paswan @ Dhelendar Paswan Son of Ajay Paswan R/VillagePachawkhar Chawrasiya Nagar Nagar, P.S.-Deo, Distt.- Aurangabad (Bihar) 4.

Guddu Paswan Son of Ajay Paswan R/Village- Pachawkhar Chawrasiya Nagar Nagar, P.S.-Deo, Distt.- Aurangabad (Bihar) 5.

Randhir Paswan Son of Shambhu Paswan R/Village- Pachawkhar Chawrasiya Nagar Nagar, P.S.-Deo, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pramila Devi Wife of Ram Chandra Chawrasiya R/Village- Chawrasiya Nagar, P.S.-Deo, Distt.- Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 363, 366A, 506/34 of the Indian Penal Code.

3. As per prosecution case, co-accused Vinay Paswan

Patna High Court CR. MISC. No.68225 of 2024(2) dt.08-10-2024 2/3 kidnapped minor daughter of informant and thereafter it is alleged that when informant went to the house of informant, these petitioners threatened him.

4. Learned counsel for the petitioners submits that specific accusation of kidnapping is against co-accused Vinay Paswan and petitioners are only alleged to have threatened informant. Petitioners have been made accused in this case merely because they happen to be family members of coaccused Vinay Paswan. F.I.R. has been lodged after inordinate delay of 5 days which itself creates doubt over veracity of the prosecution case. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI cum Special Exclusive Judge POCSO, Aurangabad in connection with Deo P. S. Case No. 46 of 2024, subject to

Patna High Court CR. MISC. No.68225 of 2024(2) dt.08-10-2024 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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