Tippu Paswan @ Anurag Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72196 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- BELCHHI District- Patna ====================================================== Tippu Paswan @ Anurag Kumar, S/O Daya Nand Paswan, R/O VillageBibiya Chack, P.S- Belchhi, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh, Advocate For the State :
Mr. Nitya Nand Tiwary, APP For the Informant :
Mr. Shashank Choudhari, Advocate Mr. Bimal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. In the present case, the petitioner seeks bail in connection with Belchhi P.S. Case No.70 of 2024, registered for the alleged offence under Section 366(A) of the Indian Penal Code.
3. As per prosecution case, the daughter of the informant went missing when she went out to visit village fair. Subsequently, the informant came to know that the petitioner enticed her daughter away with an intention of marrying her.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The victim
Patna High Court CR. MISC. No.72196 of 2024(5) dt.18-01-2025 2/3 girl was medically examined but no external or internal injury was found on her person and the age of the victim girl was assessed below 18 years. There appears to be a love affair between the petitioner and the victim girl and the victim girl voluntary went with the petitioner, though subsequently the story of kidnapping has been made out. The learned counsel further submits that the petitioner, who is a student aged about 22 years, is in custody since 23.07.2024 and the charge sheet has been submitted. The petitioner is having clean antecedent.
5. Learned APP as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf the petitioner. The learned counsel for the informant submits that the victim girl was enticed away by this petitioner and in her statement under Section 164 Cr.P.C, the victim girl stated that this petitioner took her on a motorcycle to the matrimonial home of his elder brother.
6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the age of the petitioner and further considering the doubtful nature of allegation against him and also considering the submission of charge sheet and period of custody of the petitioner along with his clean antecedent, the petitioner is directed to be
Patna High Court CR. MISC. No.72196 of 2024(5) dt.18-01-2025 3/3 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 Additional Chief Judicial Magistrate, Barh, Patna/court concerned, in connection with Belchhi P.S. Case No. 70 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T