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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78145 of 2023 Arising Out of PS. Case No.-840 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Dheeraj Paswan @ Dheeraj Paswan @ Dheeraj Kumar Paswan Son Of Satyanarayan Paswan R/O Village- Ramshala, P.S.Sadar, District- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code.

3. As per the F.I.R., the petitioner abducted the informant's daughter and took her away with the intention of marriage along with jewelery worth Rs. 50,000 and Rs. 10000/- cash .

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. It is further submitted that the statement of victim girl has been recorded under Section 164 of the Cr.P.C.

Patna High Court CR. MISC. No.78145 of 2023(2) dt.08-12-2023 2/2 annexed with annexure-2 in which she stating herself to be 18 years old expressed her willingness to go with her husband, Dhiraj Kumar Paswan. The statement of the victim girl recorded u/s 164 of the Cr.P.C. has not supported the prosecution case itself. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Having regard to the facts and circumstances of the case, considering the statement of the victim recorded u/s 164 of the Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Darbhanga Sadar P.S. Case No. 840 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T