Ashok Paswan vs The State Of Bihar on 3 December, 2019

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Patna High Court - Orders

Ashok Paswan vs The State Of Bihar on 3 December, 2019

Bench: Prabhat Kumar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78642 of 2019
                    Arising Out of PS. Case No.-311 Year-2019 Thana- MURLIGANJ District- Madhepura
                 ======================================================
           1.     ASHOK PASWAN Son of Ramdeo Paswan, Resident of Village-
                  Kolhaipatti, P.S.- Murliganj, District- Madhepura.
           2.    Anmol Paswan Son of Ramdeo Paswan, Resident of Village- Kolhaipatti,
                 P.S.- Murliganj, District- Madhepura.
           3.     Binod Paswan Son of Ramdeo Paswan, Resident of Village- Kolhaipatti,
                  P.S.- Murliganj, District- Madhepura.
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dinesh Prasad Verma
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
                                       ORAL ORDER

2   03-12-2019

Heard both sides.

Petitioners apprehend their arrest in Murliganj P.S. Case No.311 of 2019 registered under Sections 363 and 365 of the Indian Penal Code.

The informant lodged the case for kidnapping of his son and suspected the hands of the petitioners and others.

Learned counsel for the petitioners submit that the son of the informant returned and made his statement under section 164 of the Cr.P.C and he identified Ashok Paswan (petitioner no.1) by his voice. The victim did not name any other person.

Having considered the facts that the victim made specific allegation against Ashok Paswan (petitioner no.1) that Ashok Paswan with the help of others kidnapped him and confined him for many days, I am not inclined to enlarge Patna High Court CR. MISC. No.78642 of 2019(2) dt.03-12-2019 2/2 petitioner no.1 (Ashok Paswan) on anticipatory bail. Accordingly, the same is rejected.

so far the case of petitioner nos.2 and 3 is concerned, they are of course named in the F.I.R. but the victim did not disclose the names of petitioner nos.2 and 3 in his statement under section 164 of the Cr.P.C. There is no material to show that petitioner nos.2 and 3 also participated in kidnapping of the son of the informant.

Having considered the facts aforesaid, petitioner no.2 (Anmol Paswan) and petitioner no.3 (Binod Paswan), in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Murliganj P.S. Case No.311 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/-

U       T

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Patna High Court - Orders