Allowed

Shaym Bihari Paswan v. the State of Bihar

Patna HC11 Jan 2023CR. MISC./25041/2022

Case brief

AI extract

What is this about?

Single-judge bench allowed anticipatory bail application filed by the accused brothers and family members of a co-accused facing charges of kidnapping a minor for marriage and threatening to lodge an SC/ST case.

What did the court decide?

Bail enlarged on furnishing bail-bond of Rs. 20,000/- each with two sureties of like amount within six weeks, subject to conditions under Section 438(2) Cr.P.C.

Shaym Bihari Paswan Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25041 of 2022

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Arising Out of PS. Case No.-108 Year-2022 Thana- SASARAM NAGAR District- Rohtas

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

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Shaym Bihari Paswan Son Of Visheshwar Paswan @ Notai R/O VillageKaramkila, P.S.- Baghaila, District- Rohtas

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Srikant Paswan Son Of Visheshwar Paswan @ Notai R/O VillageKaramkila, P.S.- Baghaila, District- Rohtas

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Visheshwar Paswan @ Notai Son Of Lal Mohar R/O Village- Karamkila, P.S.- Baghaila, District- Rohtas

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Gulabo Devi Wife Of Shyam Bihari Paswan R/O Village- Karamkila, P.S.Baghaila, District- Rohtas

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 11-01-2023 Learned counsel for the petitioners is permitted to

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remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 366(A) of the Indian Penal Code.

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As per prosecution case, when the minor daughter of informant went to the market, the petitioners and co-accused

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Patna High Court CR. MISC. No.25041 of 2022(4) dt.11-01-2023 2/3

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person kidnapped the minor girl of the informant for the purpose of marriage. When the informant made complaint to the family member of the co-accused, they started abused and insulted the informant and threatened to lodge the case of SC/ST.

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Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner no. 1 and 2 are the brothers of the co-accused and the petitioner no. 3 is the father of the co-accused Anurag Paswan and petitioner no. 4 is the bhabhi of Anurag Paswan. The victim in her statement recorded under section 164 Cr.P.C. has not stated the name of the petitioners in the crime alleged. The petitioner no. 1, 3 and 4 have no criminal antecedent as stated in para 3 of the bail petition but the petitioner no. 2 has accused in one more case which is related to excise.

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Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

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Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court

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Patna High Court CR. MISC. No.25041 of 2022(4) dt.11-01-2023 3/3

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concerned, Sasaram, Rohtas in connection with Sasaram (Town) P.S. Case No. 108 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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This application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/- U T

Shaym Bihari Paswan v. the State of Bihar

Case brief

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Shaym Bihari Paswan v. the State of Bihar

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