Kameshwar Paswan @ Kameshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2645 of 2020 Arising Out of PS. Case No.-470 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== 1.
Kameshwar Paswan @ Kameshwar Prasad Son of Late Suraj Paswan @ Late Suraj Ram Resident of Village and P.O. - Umedpur, P.S.- Brahmpur, District- Buxar 2.
Ramawati Devi Wife of Kameshwar Paswan @ Kameshwar Prasad Resident of Village and P.O. - Umedpur, P.S.- Brahmpur, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jagdish Prasad For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 363 and 366A/34 of the IPC.
The prosecution case, as per the written report of Anil Paswan, dated 21.10.2019 submitted to the Station House Officer, Brahmpur Police Station, is to the effect that on 06.10.2019 at about 10 P.M., all the FIR named accused persons including the petitioners got the sister of the informant enticed away and when the informant went to petitioner no.2 to complain that her son has enticed away his sister then, they got agitated.
Patna High Court CR. MISC. No.2645 of 2020(2) dt.28-02-2020 2/3 It is submitted by learned counsel for the petitioner that for the alleged occurrence of 06.10.2019, the FIR has been lodged on 21.10.2019. Thrust of accusation is against co-accused Mantu Paswan, who is alleged to have eloped with the sister of the informant and since the petitioners are the parents of coaccused Mantu Paswan, they have maliciously been roped in the present case. It is further submitted that the son of the petitioners is also traceless and the accusation against the petitioners is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR with specific accusation.
Considering the fact that thrust of accusation is against co-accused Mantu Paswan and accusation against the petitioner being omnibus and general, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.2645 of 2020(2) dt.28-02-2020 3/3 Magistrate, Buxar in connection with Brahmpur P.S. Case No. 470 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T