Satendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73301 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- KORANSARAI District- Buxar ====================================================== Satendra Paswan, S/o-Lalu Paswan, Resident of Village-Ojha Waraon, P.S.- Marar, District-Buxar.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 05.10.2018 in a case registered for the offences punishable under Sections 365, 201 and 34 of the Indian Penal Code. The prosecution case as per the written report of Rajendra Paswan, submitted to SHO, Koransarai Police Station is to the effect that on 11.09.2018 at 10.00 A.M., the daughterin-law of the informant, Phoolwanti Devi in conspiracy with the petitioner, Satendra Paswan kidnapped the son of the informant. It is further alleged that the petitioner has illicit relationship with daughter-in-law of the informant and wife of the victim, Sunil

Patna High Court Cr.Misc. No.73301 of 2018(3) dt.25-01-2019 2/3 Paswan. At the earlier point of time also, daughter-in-law of the informant eloped with the petitioner twice. It is further alleged that the daughter-in-law of the informant had a talk with the petitioner on phone about the kidnapping of the son of the informant, hence the informant is convinced that the petitioner has committed the offence.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner. It is further submitted that the police forcefully obtained the confession of the petitioner and except the suspicion, no cogent evidence has been found collected against the petitioner so far. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP after going through the case diary submits that in paragraph no. 7 of the case diary, statement of a witness, Radheshyam Paswan has been recorded which suggests that he saw the victim in the company of the all the FIR named persons including the petitioner.

Considering the fact that for the occurrence of 11.09.2018, the FIR was registered on 03.10.2018 and the accusation is based on mere suspicion and circumstantial

Patna High Court Cr.Misc. No.73301 of 2018(3) dt.25-01-2019 3/3 evidence, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Koransarai P.S. Case No. 113 of 2018. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T