Pradeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69138 of 2024 Arising Out of PS. Case No.-313 Year-2023 Thana- LADANIA District- Madhubani ====================================================== Pradeep Paswan, aged about 20 years, male, Son of Sudhir Paswan, Resident of Village- Dokahar, P.S.- Kaluahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-03-2025 Heard Mr. Jitendra Bharti, learned counsel appearing on behalf of the petitioner and Mr. Khurshid Anwar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Ladania P.S. Case No. 313 of 2023, registered for the offence punishable under Sections 363, 366(A) and 504/34 of the Indian Penal Code.

3. The allegation against the petitioner is of kidnapping the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that victim in her statement recorded under Section 164 Cr.P.C., has stated that she has willingly married with the petitioner.

Patna High Court CR. MISC. No.69138 of 2024(4) dt.22-03-2025 2/3 Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that the fact that the victim in her statement recorded under Section 164 Cr.P.C., has stated that she has willingly married with the petitioner and the petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani, in connection with Ladania P.S. Case No. 313 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in

Patna High Court CR. MISC. No.69138 of 2024(4) dt.22-03-2025 3/3 paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T