Deepak Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83765 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- BABUBARHI District- Madhubani ====================================================== DEEPAK KUMAR PASWAN Son of Sakaldeo Paswan Resident of Village - Kasiyona, P.S.- Rajnager, District - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Section 366(A) of the Indian Penal Code. Informant is the father of victim, who in his written complaint has alleged that her minor daughter used to take tuition in Guru Matra Coaching Centre where petitioner is a teacher. On 18.09.2019 her daughter went to the coaching institute but thereafter did not return and he was informed that petitioner has kidnapped his daughter for purpose of marriage. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. The alleged incident is of 18.09.2019 whereas written complaint was filed on 21.09.2019. The statement of the victim

Patna High Court CR. MISC. No.83765 of 2019(2) dt.06-01-2020 2/3 has been recorded under Section 164 of Cr.P.C. in which she has not made any allegation of sexual assault against the petitioner. The victim was subjected to medical examination also in which her age has been assessed as 17 years and no external or internal injury was found on her person. Petitioner has no criminal antecedent and is in custody since 25.09.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Babubarhi P.S. Case No. 202 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.83765 of 2019(2) dt.06-01-2020 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T