Dinesh Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14015 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Dinesh Paswan Son of Dwarik Paswan

2. Mukesh Paswan son of Late Saryug Paswan, Both resident of villageKarhatiya Buzurg, P.S.- Mahua, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kishor For the Opposite Party/s : Mr. Anish Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Goraul Police Station Case No. 37 of 2015, disclosing offences under Sections 364, 365/34 of the Indian Penal Code.

A complaint petition filed by the informant is the basis for registration of the present First Information Report. It is alleged that in the name of ensuring job to the son of the informant, Mahesh Paswan, the petitioners took him away in the year 2012, whereafter Mahesh Paswan did not return till filing of the complaint case. Learned Counsel for the petitioner has drawn my attention to the order passed by the learned Additional Sessions Judge V, Vaishali, at Hajipur, dated 19.02.2016,

Patna High Court Cr.Misc. No.14015 of 2016 (2) dt.18-04-2016 2/2 and has submitted that the said Mahesh Paswan was found to be working in Ludhiana, Punjab, as a labourer and he was in judicial custody for 10 days after having been arrested in a case of theft.

Considering the facts and circumstances, this application is allowed.

Let the petitioners, namely, Dinesh Paswan and Mukesh Paswan, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur in connection with Goraul Police Station Case No. 37 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T √