Allowed

Awadhesh Paswan and Ors. v. The State Of Bihar

Patna HC25 Jun 2018CR. MISC./12643/2018

Case brief

AI extract

What is this about?

In a petition for anticipatory bail in an abduction and kidnapping case, the Patna High Court allowed the prayer. The court noted the victim's statement indicating voluntary relationship with the accused. Bail was granted subject to standard conditions and surrender within six weeks.

What did the court decide?

Prayer for anticipatory bail allowed; surrender within six weeks with bail bond of Rs.10,000 and sureties conditions applied.

Awadhesh Paswan and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12643 of 2018

¶2

Arising Out of PS.Case No. -345 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH)

¶3

======================================================

¶4

Awadhesh Paswan, S/o Bhagirath Paswan @ Bhagirathi Manjhi,

¶5

Kishori Devi, W/o Awadhesh Paswan,

¶6

Bimlesh Paswan, S/o Awadhesh Paswan,

¶7

Archana Devi, W/o Bimlesh Paswan,

¶8

Rakesh Kumar, S/o Awadhesh Paswan,

¶9

Anjali Kumari, D/o Awadhesh Paswan,

¶10

All are r/o Village- Thakur Tola, P.S.- Lauria, District- West Champaran.

¶11

.... .... Petitioner/s

¶12

Versus

¶13

The State of Bihar

¶14

.... .... Opposite Party/s

¶15

====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Smt. Indu Kumari Srivastava, A.P.P.

¶16

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

¶17

3 25-06-2018 Heard learned counsel for the petitioners and the State.

¶18

The petitioners apprehend their arrest in Lauriya P.S. Case No. 345 of 2017 instituted for the offence under Sections 366(A) and 365/34 of the Indian Penal Code.

¶19

Learned counsel for the petitioners has submitted that victim girl has performed marriage with Munna Kumar as she was in love affairs with him. It has further been submitted that petitioners are family members of Munna Kumar.

¶20

Case diary has been received.

¶21

The statement of the victim girl recorded under Section 164 Cr. P.C. is available in paragraph 90 of the case diary wherein she

¶22

Patna High Court Cr.Misc. No.12643 of 2018 (3) dt.25-06-2018

¶23

2/2

¶24

has specifically stated that she was in love with Munna Kumar and performed marriage with him. She had voluntarily gone with Munna Kumar.

¶25

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Lauriya P.S. Case No. 345 of 2017 , they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1^st , Bettiah, West Champaran , subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

¶26

(Sanjay Priya, J)

¶27

S.Ali/Rohit Kr. U T

Awadhesh Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Awadhesh Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajendra Chaudhary @ Rajo Chaudhary Vs The State Of Bihar

Rajesh Kumar Srivatava @ Rajesh Srivastav Vs The State Of Bihar

Md. Aqbal @ Md. Iqbal Vs The State Of Bihar

Avin Mandal @ Arbin Mandal and Anr. Vs The State Of Bihar

Birendra Kumar Vs The State Of Bihar

Shrawan Patel Mukhiya @ Shrawan Kumar Patel Vs The State Of Bihar