Santosh Paswan @ Santosh Kumar Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.44740 of 2017 (3) dt.18-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44740 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -GOPALPUR District- BHAGALPUR ======================================================
1. Santosh Paswan @ Santosh Kumar Paswan S/o Sagar Paswan, Resident of Village-Sukthiya, P.S.-Gopalpur, Dist.-Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 09 of 2017, registered for offences punishable under Sections 363 and 366 of the Indian Penal Code. Allegation against the petitioner is of kidnapping minor daughter of the informant.
It has been submitted on behalf of the petitioner that girl has been recovered and her statement under Section 164 Cr.P.C has been recorded, in which she has stated that she had gone with the petitioner out of her own sweet will and had married with the petitioner and further the girl has stated her age as 19 years in her statement and the doctor has also assessed her age below 18 years. Further he has been in judicial custody since 27.02.2017. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail
Patna High Court Cr.Misc. No.44740 of 2017 (3) dt.18-10-2017 bonds of Rs. 25,000 (Rs. Twenty Five Thosuand) with two sureties of the like amount each to the satisfaction of learned ACJM, Naugachia, Bhagalpur, in connection with Gopalpur P.S. Case No. 09 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T