Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14906 of 2018 Arising Out of PS.Case No. -146 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Suresh Paswan, Son of Ram Balak Paswan, Resident of VillageBisunpur Tara, P.S.- Madhuban, District- East Champaran at Motihari (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 The petitioner is apprehending his arrest in connection with Pipra P.S. Case No. 146 of 2016, registered for offences punishable under Sections 366/120B of the Indian Penal Code. Allegation against the petitioner and other is of kidnapping the daughter of the informant.

It has been submitted on behalf of the petitioner out and out false and concocted allegations have been leveled, which will appear from the fact that in this case F.I.R was lodged after more than a month in spite of the fact that the informant claimed to have seen the occurrence. It has further been submitted that in between the said period second marriage of the victim girl has been solemnized and his first marriage was proposed to be dissolved,

Patna High Court Cr.Misc. No.14906 of 2018 (3) dt.25-04-2018 2/2 which will appear from Annexure -3, which is a copy of Ekrarnama.

Learned counsel for the State opposed the prayer for bail and submitted that the girl in her statement recorded under Section 164 Cr.P.C. has named this petitioner and there is also allegation of commission of rape on the victim girl by the petitioner and other accused of the present case.

Having heard both sides, considering the facts and circumstances of the case, nature of offence, I am not inclined to grant the privilege of anticipatory bail to the petitioner, this application is accordingly dismissed.

The petitioner if so desire, may surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case.

(Vinod Kumar Sinha, J) sunil/- U T