Lalan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38320 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -KAUAKOL District- NAWADA ====================================================== Lalan Paswan, son of Late Daragoi Paswan, Both resident of Vill- Telari, P.S.- Rupo, Dist- Nawada.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Informant : Mr. Vibhuti Ranjan Samadra For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Kauakol P.S. Case No. 20 of 2017 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code and cognizance has been taken under Sections 376/34 IPC and 6 of POCSO Act.

Allegation against the petitioner is of kidnapping a minor girl.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and, as a matter of fact, there was love affairs between the victim girl and one coaccused and they have married and no independent witness has supported the prosecution case. It has further been submitted that

Patna High Court Cr.Misc. No.38320 of 2017 (2) dt.21-08-2017 2/2 earlier charge-sheet has not been submitted against the petitioner not finding case true but later on cognizance has been taken against the petitioner.

Heard learned APP also, who has opposed the prayer for anticipatory bail.

Having heard both sides and in view of facts and circumstances and also considering the statement of the victim girl recorded under Section 164 Cr.P.C., I am not inclined to grant anticipatory bail to the petitioner. Let petitioner, named above, surrender in the court below and pray for regular bail, which shall be considered on the basis of materials on record and submission made above and disposed of on the same day, if possible. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U