Patna High Court - Orders
Ramvilas Paswan @ Ram Vilas Manjhi vs The State Of Bihar on 18 July, 2019
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33352 of 2019
Arising Out of PS. Case No.-2 Year-2019 Thana- MAHILA P.S BAGHA District- West
Champaran
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RAMVILAS PASWAN @ RAM VILAS MANJHI Son of Budhai Paswan
Resident of Village- Akderawa, Bargaon, P.S.- Bagaha, District- West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Milind Kumar Mishra
For the Opposite Party/s : Mr.Anand Kishore Choudhary
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 18-07-2019Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Mahila (Bagaha) Police Station Case No. 02 of 2019, disclosing offences under Sections 363/366A/34 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the informant reported to the Police on 02.01.2019, that his daughter was missing since 29.12.2018, and in course of search, he came to know that the petitioner abducted his daughter and kept her in his custody at a secret place. It is alleged in the First Information Report that all the accused persons, in connivance with each other, have abducted Patna High Court CR. MISC. No.33352 of 2019(2) dt.18-07-2019 2/3 the daughter of the informant for the purpose of marriage.
Learned Counsel for the petitioner submits that there was love affairs between the petitioner and the victim girl and both of them have married in a temple at Bettiah. He further submits that the victim girl is major, as would be evident from Annexure-2, as her age has been assessed to be between 19 to 21 years by the doctor. He further submits that the victim girl has been produced before the Police and her statement has been recorded under Section 164 of the Code of Criminal Procedure, 1973, wherein she has not alleged any overt act against the petitioner.
After having heard learned Counsel for the parties and taking into consideration the fact that the victim girl is major, between 19 to 21 years of age and further that the victim girl has married with the petitioner, this application is allowed.
Let the petitioner, Ramvilas Paswan @ Ram Vilas Manjhi, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with Mahila (Bagaha) Police Station Case No. 02 of 2019, Patna High Court CR. MISC. No.33352 of 2019(2) dt.18-07-2019 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J.) Prabhakar Anand/-
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