Surendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63589 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Surendra Paswan Son of late Shital Paswan Resident of Village: Jhakhad, P.S. Lakhisarai, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mayank Bilochan, Adv. For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 The petitioner is in custody since 30.07.2018 in connection with Lakhisarai P.S. Case No. 40 of 2018, registered for offences punishable under Sections 363, 120(B)/34 of the Indian Penal Code and Section 8 of the POCSO Act. Allegation as per F.I.R. against the petitioner and other accused persons is of kidnapping the minor daughter of the informant.

Submission of learned counsel for the petitioner is that as a matter of fact there is love affair between the petitioner and victim girl and there is no allegation of rape upon the petitioner. Further submission is that statement of the girl has been recorded under Section 164 Cr.P.C., in which there is no allegation of rape upon the petitioner and the petitioner is in custody since 30.07.2018.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.63589 of 2018 (2) dt.25-10-2018 2/2 Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-Ist, Lakhisarai, in connection with Lakhisarai P.S. Case No. 40 of 2018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) chn/Amjad/- U T