Subodh Paswan vs The State Of Bihar
2021 Latest Caselaw 26 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32219 of 2020
    Arising Out of PS Case No.-290 Year-2019 Thana- RAFIGANJ District- Aurangabad
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Subodh Paswan, aged about 30 years (Male), Son of Adya Paswan, Resident of Village-Goli, P.S.-Paraiya, District-Gaya.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :        Dr. Alok Kumar Alok, Advocate
For the State           :        Mr. Ajit Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-01-2021

Heard Dr. Alok Kumar Alok, learned counsel for the

petitioner and Mr. Ajit Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Rafiganj PS Case No. 290 of 2019 dated 19.12.2019, instituted

under Section 366 (A) of the Indian Penal Code.

3. The allegation against the petitioner, though not

named in the FIR is of enticing the minor daughter of the

informant.

4. Learned counsel for the petitioner submitted that after

the so-called victim was recovered, she has made statement before

the Court under Section 164 of the Code of Criminal Procedure,

1973 in which she has stated that it was another co-accused Patna High Court CR. MISC. No.32219 of 2020 dt.05-01-2021

Ashutosh with whom she was told that she would be married and it

is also alleged that he committed rape, but with regard to the

petitioner the only allegation is that he took the victim to

Ashutosh. Learned counsel submitted that there was love affairs

between the parties and even in her statement, it has been stated

that Ashutosh had taken her to Surat and had left her there after the

case was registered and from there she was recovered. It was

further submitted that the petitioner having no criminal antecedent

is in custody since 17.03.2020.

5. Learned APP submitted that the petitioner was also

involved in the abduction of the victim, who was a minor.

However, he could not controvert that she has stated that the

petitioner had only taken her to Ashutosh and that too on the

pretext that he would be marrying her and after that no role is

assigned to him.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the Exclusive Special Judge,

(Protection of Children from Sexual Offences) Act, Aurangabad in

Rafiganj PS Case No. 290 of 2019, subject to the conditions (i) Patna High Court CR. MISC. No.32219 of 2020 dt.05-01-2021

that one of the bailors shall be a close relative of the petitioner, and

(ii) that the petitioner shall cooperate in the case. Failure to

cooperate shall lead to cancellation of his bail bonds.

7. However, this order is subject to the main application

supported by affidavit being e filed in this Court by learned

counsel for the petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T