IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35956 of 2010 SHANKAR PASWAN Versus STATE OF BIHAR -----------
2. 29.09.2010 Heard learned counsel for the petitioner and
The petitioner is languishing in jail custody
since 09.06.2008 in a case registered under Sections
364A, 346 and 120/34 of the Indian Penal Code.
It is alleged that the petitioner took the victim
against his wishes The F.I.R. reflects that the petitioner
was shifted from one place to another. The victim
subsequently under Section 164 Cr.P.C. statement
named the petitioner. Moreover there is allegation that
the ransom was demanded.
It is submitted by learned counsel for the
petitioner that the F.I.R. was lodged when the victim
returned. The F.I.R. is registered on the basis of the
Fardbeyan of the victim which suggests that the victim
was kept in different guest houses and not stayed in
lonely place and there is nothing on record to suggest
that actually the demand was made. The statement has
been made in Paragraph-14 that the petitioner has no
Considering the period under custody and the
fact that no ransom was paid and having clean
antecedent, let the petitioner namely, Shankar Paswan be
released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Additional Sessions Judge,
F.T.C.-II, Darbhanga, in connection with Sessions Trial
No. 122 of 2009 arising out of Laheriasarai (Benta) P.S.
Case No. 59 of 2008.
Anand Kr. ( Dinesh Kumar Singh, J.)