Held petitioners entitled to bail on furnishing security within specified timeline subject to conditions under Section 438(2) Cr.P.C. Ordered removal of stamp defects.
Bail granted on furnishing bond of Rs. 10,000 each with two sureties each within four weeks subject to Section 438(2) Cr.P.C. conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11198 of 2022
Arising Out of PS. Case No.-278 Year-2018 Thana- BAIRIYA District- West Champaran
====================================================== 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
======================================================
with CRIMINAL MISCELLANEOUS No. 15331 of 2022
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.
... ... 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
2 20-05-2022
Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioners as well as the learned APP for the State.
The petitioners apprehend their arrest in connection
Patna High Court CR. MISC. No.11198 of 2022(2) dt.20-05-2022 2/3
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.
As per allegation, six accused persons named in the FIR abducted the informant’s minor daughter, Sugi Kumari.
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.
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 7th
Patna High Court CR. MISC. No.11198 of 2022(2) dt.20-05-2022 3/3
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.
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.
(Nawneet Kumar Pandey, J)
SONALI/-
U T
1 issue framed by the court
Whether the petitioners are entitled to bail on furnishing security in connection with offences under the Indian Penal Code and POCSO Act.
Ramfal Paswan
Asha Devi
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
