Mohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72252 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== MOHAN PASWAN Son of Bala Lakhindar Paswan R/o Inayatpur Dhamaun, P.S.- Shahpur Patori, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirtyunjay Kumar Mishra For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 363, 365 of the Indian Penal Code.

Prosecution case relates to abduction of sister of the informant while she had gone out of the house for natural call. It is further alleged that victim is quite and dull in nature and informant came to know during search that owner of molile no. 8130043822 has induced and kidnapped her. The alleged mobile belongs to the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Victim is a married lady of 40 years having five kids.

Patna High Court CR. MISC. No.72252 of 2022(3) dt.16-05-2023 2/2 The husband of the victim is neither the author of the FIR nor has given any statement during investigation in respect of missing of his wife. There is no consistent evidence against the petitioner to show his involvement in the present case. No one is the eye witness of the alleged incident. In fact, on request made by the victim girl, petitioner has provided his mobile to her for making a call to her sister. Chargesheet has been submitted against the petitioner u/s 363 and 365 of the IPC. Petitioner is languishing in judicial custody since 15.08.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st cum- AM, Begusarai/ concerned court in connection with Moonsoorchal P.S. Case No.70 of 2022. (Sunil Kumar Panwar, J) sushma/- U