Ramesh Paswan @ Ramesh Kumar @ Ramesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41982 of 2016 Arising Out of PS.Case No. -147 Year- 2015 Thana -PIPRA District- SUPAUL ====================================================== Ramesh Paswan @ Ramesh Kumar @ Ramesh Kumar Paswan, Son of Sri Harideo Paswan, Resident of Village- Kala Govindpur, Police StationBhimpur, District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Murari Naraian Chaudhary, Advocate Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-10-2016 Heard Mr. Murari Naraian Chaudhary, learned counsel for the petitioner and counsel for the State. The petitioner is in custody in connection with Pipra P.S. Case No. 147 of 2005, G.R. No. 1604 of 2015 for offence punishable under Sections 366A/34 of the Indian Penal Code. The allegation against the petitioner and the other accused is of abducting the daughter of the informant for sexual assault. It is in consideration of the statement made by the victim girl under Section 164 of the Code of Criminal Procedure that this Court was not persuaded to consider the prayer of the petitioner made in CWJC No. 58091 of 2015 and which was rejected on 25.1.2016. Renewing the prayer it is submitted by Mr. Chaudhary that while the victim girl has primarily made allegations against

Patna High Court Cr.Misc. No.41982 of 2016 (2) dt.05-10-2016 another co-accused, the petitioner happens to be the younger brother-in-law (dewar) of the sister of the victim girl. He further submits that the petitioner has no criminal antecedent and that he is in custody since 03.10.2015.

Having heard learned counsel for the parties and considering the custodial period as well as the antecedent of the petitioner, let the petitioner Ramesh Paswan @ Ramesh Kumar @ Ramesh Kumar Paswan be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Supaul in connection with Pipra P.S. Case No. 147 of 2015, G.R. No. 1604 of 2015 subject to the condition that he shall ensure his representation before the court below on each and every date fixed and any default in ensuring his representation on two consecutive dates without reasonable explanation to the satisfaction of the court below would entitle the court below to cancel the bail bonds of the petitioner and to take him into custody. (Jyoti Saran, J) S.Sb/- U T