Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72360 of 2018 Arising Out of PS. Case No.-202 Year-2017 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Pappu Paswan Raj Mohan Paswan R/o Village Sharhuddinpur, P.S. Bochahan , District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bochahan P.S. Case No. 202 of 2017 registered under Sections 364, 365, 406, 420 and 120-B of the Indian Penal Code.

Petitioner along with other accused persons are said to have kidnapped the daughter of the informant along with her two children who are still traceless.

It is submitted by the learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern with such occurrence. Petitioner is quite innocent and has been falsely implicated in this case due to animosity. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.72360 of 2018(5) dt.27-03-2019 2/2 specific rather general and omnibus in nature. There is no eye witness to the occurrence. He was not made accused in Complaint Case no. 831 of 2016 lodged by the victim for threatening her to oust from the village. As per the F.I.R., the informant had got knowledge about the occurrence two months back but he has lodged the complaint petition after inordinate and abnormal delay of two months without assigning any plausible and convincing reason for the aforesaid delay. Petitioner has been languishing in custody since 02.05.2018. On the other hand learned APP for the State also conceded that there was no eye witness of the occurrence. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum-Sub JudgeXI, Muzaffarpur in connection with Bochahan P.S. Case No. 202 of 2017.

(Prakash Chandra Jaiswal, J) sushma/- U T