Prabhat Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47134 of 2018 Arising Out of PS.Case No. -110 Year- 2017 Thana -KAUAKOL District- NAWADA ======================================================
1. Prabhat Paswan S/o Rajendra Paswan, R/o Vill.- Atari, P.S.- Pakaribarama, Distt.- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Nashril Khatoon D/o Md. Najam Uddine, R/o Vill.- Kashiyadih, P.S.- Kauakaul, District- Nawada.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Kawakole P.S.Case No1.10 of 2017 , registered for offences punishable under Sections 366(a)/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant.
Submission of the learned counsel for the petitioner is that the girl has been recovered and her statement has been recorded under Section 164 Cr.P.C, wherein she has disclosed her age as 18 years and further stated that she had gone on her own sweet-will with the petitioner and they live like wife and husband and also married with the petitioner.
Patna High Court Cr.Misc. No.47134 of 2018 (2) dt.14-08-2018 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Nawada in connection with Kawakole P.S.Case no.110 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
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 co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T