Lala Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52743 of 2016 Arising Out of PS.Case No. -97 Year- 2016 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Lala Paswan,

2. Bhulla Paswan, Both sons of Srikant Paswan, Resident of Village- Mal Gumti, P.S.- Rajapakar (Baranti O.P.), District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for grant of anticipatory bail for offences punishable under Sections 363, 366, 366(A)/34 of the Indian Penal Code.

Petitioners are named in the First Information Report. It has been submitted on behalf of the petitioners that the petitioners are the father and brother of one Gautam Kumar, against whom specific allegation, has been made in this case, however there is nothing to implicate the petitioners. Further submission is that falsity of this case appears from the perusal of the statement of the girl recorded under Section 164 of the Cr.P.C., wherein she has not named these petitioners rather she has made

Patna High Court Cr.Misc. No.52743 of 2016 (2) dt.21-12-2016 2/2 allegation against the said Gautam Kumar.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that the girl in her statement recorded under Section 164 of the Cr.P.C. has not named these petitioners rather she has made allegation against one Gautam Kumar, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within a period six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Manhar P.S. Case No. 97 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunil/- U T