Shankar Paswan vs State Of Bihar on 29 September, 2010

Patna High Court – Orders
Shankar Paswan vs State Of Bihar on 29 September, 2010
                               Cr.Misc. No.35956 of 2010
                                  SHANKAR PASWAN
                                    STATE OF BIHAR

2. 29.09.2010 Heard learned counsel for the petitioner and

the State.

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

criminal antecedent.

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.)

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