Bam Paswan @ Shivam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78818 of 2023 Arising Out of PS. Case No.-332 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Bam Paswan @ Shivam Paswan S/O Kodai Paswan R/O Village- Dharampur, P.O.-Kamaldah, Ps. Bathnaha, Dist. Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Satyanarayan Paswan S/O Sri Rudal Paswan Village- Madhuban, P.O.- Chakmahila, Ps. Sitamarhi, Dist. Sitamarhi.

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) of the Indian Penal Code.

3. The allegation against the petitioner is of abducting the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has been recovered and her statement recorded u/s 164 of the Cr.P.C., in which she does not whisper about the complicity of this petitioner. The victim girl further stated that she had gone to Ludhiyana with this

Patna High Court CR. MISC. No.78818 of 2023(2) dt.07-12-2023 2/2 petitioner where she came to know that this petitioner has already married having two children, thereafter she did not marry with this petitioner and returned from there. There is no complaint with regard to physical assault, sexual abuse/misbehave against the petitioner to the victim girl. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 6th-cumSpecial Judge (POCSO), Sitamarhi in connection with Sitamarhi P.S. Case No. 332 of 2018.

(Sunil Kumar Panwar, J) Arish/- U T