Manish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70567 of 2022 Arising Out of PS. Case No.-261 Year-2022 Thana- NOKHA District- Rohtas ====================================================== Manish Paswan Son of Dinesh Ram @ Dinesh Paswan R/V- Sisirit Tola, P.SNokha (Dharampur O.P) Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Nokha P.S. Case No. 261 of 2022 registered for the offence under Section 366(A) of the Indian Penal Code (for short 'I.P.C.'). The accused/petitioner is named in the F.I.R. and is in custody since 16.07.2022.

The allegation against the petitioner is to take away the minor daughter of the informant for the purpose of illicit

Patna High Court CR. MISC. No.70567 of 2022(2) dt.16-03-2023 2/3 intercourse.

Learned counsel appearing on behalf of the petitioner submitted that as per the statement of victim recorded under Section 164 of the Cr.P.C., no allegation against this petitioner was raised as regard to sexual assault and kidnapping, rather it was stated, specifically, that victim solemnized her marriage with petitioner out of her own sweet will. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP for the State opposes the prayer of bail. Considering the facts and circumstances as mentioned above and by taking note of the statement of victim as recorded under Section 164 of the Cr.P.C.

, where victim totally denied the allegation as regard to sexual assault and kidnapping against this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Nokha P.S. Case No. 261 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.70567 of 2022(2) dt.16-03-2023 3/3 Sasaram/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T