Nepali Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71093 of 2019 Arising Out of PS. Case No.-343 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== 1.

Nepali Paswan S/o Late Asarfi Paswan, R/o village- Jawahar Nagar (Udaypur), P.S.- Parbatta, District- Khagaria 2.

Manju Devi W/o Nepali Paswan, R/o village- Jawahar Nagar (Udaypur), P.S.- Parbatta, District- Khagaria ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking anticipatory bail in connection with Parbatta P.S. Case No. 343 of 2019 registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that it appears from the FIR that there is no hand of the petitioners rather except suspicion there is no material against the petitioners. It is further submitted that from the statement of victim girl it appears that she did not take the name of petitioners as such no case under Sections 363, 366A I.P.C is

Patna High Court CR. MISC. No.71093 of 2019(2) dt.11-12-2019 2/3 made out against the petitioners.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of this case, wherein these petitioners are said to be the parents of the boy Banty Kumar who had allegedly taken away the victim girl on his bike and no active participation of these petitioners have been found in the forcibly taken away of the victim girl, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 343 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court CR. MISC. No.71093 of 2019(2) dt.11-12-2019 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T