Golu Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77663 of 2018 Arising Out of PS. Case No.-308 Year-2017 Thana- MAHUA District- Vaishali ====================================================== Golu Paswan S/o Dhaneshwar Paswan, R/o Vill. - Harpur Belwa, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Hariram Rai S/o Ramshovit Rai,

3. Nikki Kumari D/o Hariram Rai, Both R/o Vill.- Singhara Tara, P.S.- Mahua, District- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Mahua P.S.Case No.308 of 2017 registered for offences punishable under Sections 366A, 504/34 of the Indian Penal Code.

Allegation against the petitioner that is of kidnapping of the minor daughter of the informant along with the other accused persons.

Submission of the learned counsel for the petitioner is that later on the victim girl filed a petition before the C.J.M. that she had gone herself along with the petitioner and a compromise has been reached between the parties.

Patna High Court Cr.Misc. No.77663 of 2018(2) dt.02-01-2019 2/2 Heard learned A.P.P. who has opposed the prayer for bail on the ground that the statement of the girl has been recorded under Section 164 Cr.P.C. itself makes out the fact of kidnapping against the petitioner alog with the other accused persons.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T