Sanoj Paswan @ Sanoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81964 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== Sanoj Paswan @ Sanoj Kumar, Son of Yadulal Ram @ Jadulal Paswan, Resident of Village- Khangawan, P.S.- Chandi, District- Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunita Devi, Wife of Guddu @ Nasaruddin, Resident of Village - Khangawan, P.S. - Chandi, District - Bhojpur, Mayak Addr - Resident of Village - Bajara Bairiya, P.S. - Sohadra, District -West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-12-2024 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 25 of 2023, registered for the offences punishable under Sections 376, 120(B) and 34 of the Indian Penal Code.
3. Based upon the written report the prosecution alleges that on the pretext of marriage co-accused Ritik Paswan has established physical relationship and also procured some obscene video and photographs. On account of the physical relationship with the co-accused person, the informant got
Patna High Court CR. MISC. No.81964 of 2024(2) dt.11-12-2024 2/3 pregnant and when this fact has been disclosed to his family members, they have assured that they will solemnize the marriage of the victim with the co-accused Ritik Paswan, but later on refused to do so.
4. Learned Advocate appearing on behalf of the petitioner referring to the FIR submitted that the petitioner is none else, but uncle of co-accused Ritik Paswan. The entire family members have been made accused in this case, only in order to extort money. Drawing the attention of this Court to paragraph no. 6 of the bail application, it is contended that the informant is in the habit of instituting such type of false cases against different persons of the locality, only in order to put them under pressure and extort money. The petitioner has no concern with the alleged occurrence, but only in order to put pressure, the name of all the family members have been implicated. Moreover, the petitioner bears fair antecedent and he undertakes before this Court that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the entire
Patna High Court CR. MISC. No.81964 of 2024(2) dt.11-12-2024 3/3 allegation revolves around Ritik Paswan, moreover the petitioner is none else but the uncle of the co-accused Ritik Paswan, having fair antecedent and there is no allegation against him as such, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Mahila P.S. Case No. 25 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) supratim/- U T