In a criminal miscellaneous matter regarding an FIR under Section 366(A) IPC for enticing a minor, the Patna High Court granted bail to the petitioner, who was accused of transporting the victim, upon furnishing a bond and complying with specific conditions.
Released on bail upon furnishing bonds of Rs. 25,000 with two sureties and cooperation conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 32219 of 2020
Arising Out of PS Case No.-290 Year-2019 Thana- RAFIGANJ District- Aurangabad
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Subodh Paswan, aged about 30 years (Male), Son of Adya Paswan, Resident of Village-Goli, P.S.-Paraiya, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Dr. Alok Kumar Alok, Advocate For the State : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT Date : 05-01-2021
Heard Dr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Ajit Kumar, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
Patna High Court CR. MISC. No.32219 of 2020 dt.05-01-2021 2/3
Ashutosh with whom she was told that she would be married and it is also alleged that he committed rape, but with regard to the petitioner the only allegation is that he took the victim to Ashutosh. Learned counsel submitted that there was love affairs between the parties and even in her statement, it has been stated that Ashutosh had taken her to Surat and had left her there after the case was registered and from there she was recovered. It was further submitted that the petitioner having no criminal antecedent is in custody since 17.03.2020.
Patna High Court CR. MISC. No.32219 of 2020 dt.05-01-2021 3/3
that one of the bailors shall be a close relative of the petitioner, and (ii) that the petitioner shall cooperate in the case. Failure to cooperate shall lead to cancellation of his bail bonds.
(Ahsanuddin Amanullah, J.)
Anand Kr.
AFR/NAFR U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving enticement and abduction of a minor.
Whether the petitioner's role as an accomplice aiding in the abduction warrants his release on bail.
2 provisions across 2 enactments
Subodh Paswan
The State of Bihar
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
