Chandan Paswan @ Chandan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74906 of 2018 Arising Out of PS. Case No.-197 Year-2016 Thana- KURSAKANTA District- Araria ====================================================== CHANDAN PASWAN @ CHANDAN KUMAR PASWAN son of Bechan Paswan, resident of village- Balchanda, Police Station-Kursakanta, DistirctAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anamul Haque For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Kursakanta (Kuari) Police Station Case No. 197 of 2016 registered for offence punishable under sections 366(A)/34 of the Indian Penal Code.

Petitioner is named in the FIR. Allegation against the petitioner is of kidnapping of minor girl of the informant. Submission of the learned counsel for the petitioner is that statement of the victim girl has been recorded under section 164Cr.PC in which she has not named this petitioner rather named other accused persons. Further submission is that the case of the petitioner stands on similar footing to the case of co-accused Anil Paswan who has already been allowed anticipatory bail by one of the

Patna High Court Cr.Misc. No.74906 of 2018(2) dt.17-12-2018 2/2 co-ordinate Bench of this Court in Cr. Misc. No. 3902 of 2018 and so the petitioner also deserves bail.

Considering the case of the petitioner stands on similar footing to the case of co-accused who is on bail, the prayer for anticipatory bail of the petitioner is allowed and he in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Araria/Successor Court in connection with Kursakanta (Kuari) Police Station Case No. 197 of 2016, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Sanjay Kumar, J) mkchy/- U T