IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34259 of 2011
======================================================
Birendra Paswan, son of Shri Harendra Paswan, resident of Vill. Mogalahia,
P.S. Gopalpur, Distt. West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra with
Mr. Sachida Nand Rai, Advocates
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA)
2 13-10-2011 Heard.
The petitioner apprehends his arrest in a criminal
prosecution registered under Sections 366A/376/34 of the Indian
Penal Code.
Learned counsel for the petitioner submits that
according to the prosecution case there is direct and specific
allegation against co-accused, Jitendra Paswan, who is alleged to
have enticed away the victim girl, daughter of the informant. It is
further submitted that the victim, Kaushalya Kumari has been
recovered and her statement under Section 164 Cr.P.C. vide
Annexure-2 has been recorded, where in she has not made any
specific allegation against the petitioner. By referring to
Patna High Court Cr.Misc. No.34259 of 2011 (2) dt.13-10-2011
2
Annexure-3, the medical report, it is submitted that victim was
found aged about 17 years. It is next contended that the petitioner
has been implicated in the present case for commission of the
crime in question merely on the ground that he happens to be
younger brother of co-accused, Jitendra Paswan, who is said to be
main culprit.
Be that as it may, in the facts and circumstances of the
case, in the event of his arrest or surrender before the learned court
below within a period of four weeks from today, the above named
petitioner is directed to be released on bail in connection with
Gopalpur P.S. Case No.10 of 2011 on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of like amount each
to the satisfaction of learned Chief Judicial Magistrate, Bettiah,
District West Champaran subject to the conditions laid down
under Section 438 (2) of the Cr.P.C.
(Birendra Prasad Verma, J)
Anjani /-