Mahadeo Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.25521 of 2018 (2) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25521 of 2018 Arising Out of PS.Case No. -306 Year- 2004 Thana -SILAW District- NALANDA (BIHARSHARIFF) ====================================================== Mahadeo Paswan, son of Jageshwar Paswan, resident of Village Ramganj, PS Silao, District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Samir Kumar Bharti For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-04-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 9.12.2017, seeks bail in Silao PS Case No. 306 of 2004 registered under Sections 363 and 365 of the IPC.

The allegation in brief is that the petitioner along with one Nagina Razak had taken the informant's son to a pond for fishing and they informed that his son was left at the place of one Birendra Thakur but he denied and the allegation is that the petitioner had kidnapped son of the informant.

Learned Counsel for the petitioner submits that the statement of the victim boy was recorded in the year 2007 itself and his statement reveals that he was not kidnapped by the petitioner rather by some other persons named in his statement but admittedly this petitioner did not appear as he had gone out of his place for earning livelihood, however he is in custody since 9.12.2017. Having considered the aforesaid facts and circumstances, the petitioner appears to have been absconding for a decade, so presently his prayer for bail is rejected.

If so advised, the petitioner may renew the prayer for bail after framing of the charge.

Snkumar/- (Arun Kumar, J) U T