IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10887 of 2010 BHIM PASWAN @ LOLA, Son of Upendra Paswan, R/o village Begampur, P.S. Nawkothi, District Begusarai …… . Petitioner Versus THE STATE OF BIHAR …… Opposite Party ----------- For the Petitioner : Mr. Ashok Kumar Jha, Advocate For the State : Mr. Dinesh Singh, A.P.P. ---------- 2 08.04.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 448, 365, 498, 380/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that as per the statement recorded under Section 164 Cr.P.C. of the victim lady, abduction took place on 2.5.2009, however and after two days she was set free by the abductors. However, first information report has been lodged on 16.5.2009 and in that first information report it is also not stated that as to whether the victim girl has returned back or not or on which date she had returned. Thereafter statement was recorded under Section 164 Cr.P.C. on 29.5.2009 alleging that all the three accused persons participated in abduction. - 2 - However, the petitioner had confined her in a room for 2 days. It is urged on behalf of the petitioner that the entire sequence raises serious doubt regarding prosecution story. It is also stated that there is no allegation of any sexual assault upon the victim lady. Other co-accused have already been granted bail by the Court below itself, whereas the petitioner is in custody since 15.12.2009. In the facts and the circumstances of the case, the petitioner, BHIM PASWAN @ LOLA, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Nowkothi P.S. Case No. 50 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further the petitioner shall remain present on each and every date during the course of trial. If the - 3 - petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)