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2025 DAILYLAW 73846 (PAT)

Sarajun Paswan @ Saraju v. The State of Bihar

CR. MISC./69546/2024 · 2025-05-08

Sourendra Pandey

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69546 of 2024 Arising Out of PS. Case No.-118 Year-2021 Thana- KHUDAGANJ District- Nalanda ====================================================== Sarajun Paswan @ Saraju S/O Late Parmeshwar Paswan Resident of village- Chirainyatad, P.S- Atri, Distt.- Gaya, Presently staying at Police Line Jamtara, P.S- Jamtara, Distt.- Jamtara (Jharkhand) ... ... Petitioner/s Versus 1. The State of Bihar 2. Muna Pandey, S/O- sihdeshvar Pandey R/O- Village- Sairthua khurd, P.S- Khudaganj, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rambabu Yadav, Adv For the Opposite Party/s : Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 6 08-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Khudaganj P.S. Case No. 118 of 2021 registered for the offences punishable u/s 366(a), 120(b) read with Section 34 of the I.P.C. 3. As per the prosecution case, the co-accused, namely, Deepak Kumar along with others are alleged to have kidnapped the minor daughter of the informant. 4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case and he happens to be the mama (maternal uncle) of the co-accused, Patna High Court CR. MISC. No.69546 of 2024(6) dt.08-05-2025 2/3 namely, Deepak Kumar. It is further submitted that the petitioner is not named in the FIR and his name has transpired in this case during the course of investigation after almost four months of the date of occurrence. It is next submitted that during the trial the victim has not supported the case of the prosecution and has specifically stated that she was never kidnapped and she had not gone to the house of the petitioner. It is further submitted that similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 18.01.2024 passed in Cr. Misc. No. 61773 if 2023. It is lastly submitted that the petitioner has clean criminal antecedents and is in custody since 09.08.2024. 5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid submissions of the parties and taking into account the fact that the victim girl herself in her deposition during the course of the trial has not supported the factum of the prosecution case and also considering the period of custody of the petitioner, let the petitioner above-named, be enlarged on bail on furnishing bail- bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court Patna High Court CR. MISC. No.69546 of 2024(6) dt.08-05-2025 3/3 concerned, Nalanda, in connection with Khudaganj P.S. Case No. 118 of 2021. 7. The application stands allowed. Jyoti/- (Sourendra Pandey, J) U T