Partly allowed

Ramfal Paswan v. The State of Bihar

Patna HC20 May 2022CR. MISC./11198/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to two petitioners apprehending arrest in a case involving abduction and offences under POCSO, subject to conditions regarding defect removal and surrender.

What did the court decide?

Petitioners are released on bail on furnishing a bond of Rs. 10,000 each with two sureties of like amount to the court below upon arrest or surrender within four weeks, subject to conditions under Sec

Ramfal Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11198 of 2022

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Arising Out of PS. Case No.-278 Year-2018 Thana- BAIRIYA District- West Champaran

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====================================================== RAMFAL PASWAN S/o Butan Paswan @ Harendra Paswan R/o villageBanuchhapar, P.S.- Banuchhapar O.P., District- West Champaran

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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

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with CRIMINAL MISCELLANEOUS No. 15331 of 2022

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Arising Out of PS. Case No.-278 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== ASHA DEVI W/o Harendra Paswan @ Butan R/o Village- Bauchchapar, P.S.Banuchhapar O.P., District- West Champaran.

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... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 11198 of 2022) For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Raj Kishore Singh (In CRIMINAL MISCELLANEOUS No. 15331 of 2022) For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER

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2 20-05-2022

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Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioners as well as the learned APP for the State.

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The petitioners apprehend their arrest in connection

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Patna High Court CR. MISC. No.11198 of 2022(2) dt.20-05-2022 2/3

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with Bairiya P.S. Case No. 278 of 2018, registered for the offences punishable under Sections 363, 366A, 379 of the Indian Penal Code and U/s 4 of POCSO Act.

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As per allegation, six accused persons named in the FIR abducted the informant’s minor daughter, Sugi Kumari.

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Learned counsel for the petitioners has submitted that the victim did not name petitioner Ramfal Paswan in her statement under Section 164 of the Cr.P.C.. He has submitted further that although she has named petitioner, Asha Devi, but there is no allegation of abduction against her rather the victim has stated only that the petitioner, Asha Devi, is paternal aunt ( phua ) of co-accused Arun Kumar Paswan and the victim was kept for some days in the house of the petitioner Asha Devi. Learned counsel for the petitioner has submitted further that as there was no material against the petitioners the investigating authorities submitted final form against both the petitioners.

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Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on 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 District and Sessions Judge 7^th

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Patna High Court CR. MISC. No.11198 of 2022(2) dt.20-05-2022 3/3

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cum Special Judge POCSO, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 278 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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SONALI/-

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U T

Ramfal Paswan v. The State of Bihar

Case brief

What is this about?

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Ramfal Paswan v. The State of Bihar

Case brief

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