Sikesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77476 of 2019 Arising Out of PS. Case No.-45 Year-2011 Thana- JAMUI District- Jamui ====================================================== SIKESH PASWAN Son of Devnarayan Paswan Resident of Village - Lakhanpur, Police Station - Jamui, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jamui P.S. Case No. 45 of 2011 for the offence registered under Sections 366 and 379 of the Indian Penal Code. The allegation is regarding the wife of the informant and the petitioner herein, who is the maternal brother of the wife of the informant having gone with the informant to the Bank and thereafter they are stated to have disappeared with a cash amount of Rs. 14,000/- and ornaments worth Rs. 18,000/-. The learned counsel for the petitioner submits that the petitioner has got no complicity in the matter and in fact a compromise has also taken place in between the parties. The present case arises out of a complaint case and the fact is that

Patna High Court CR. MISC. No.77476 of 2019(3) dt.06-03-2020 2/2 the wife of the informant, if at all had travelled outside her house, along with her belongings, it cannot be stated to be a crime in the eyes of law. Lastly, it is submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 45 of 2011 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T