Uttam Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7174 of 2019 Arising Out of PS. Case No.-73 Year-2018 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.

Uttam Paswan Son of Abadh Paswan 2.

Prakash Choupal Son of Ram Roop Choupal 3.

Ganga Choupal son of Siya Ram Choupal 4.

Ram Prasad Paswan son of Khushar Paswan 5.

Singheswar Paswan son of Saryug Paswan 6.

Ghutar Choupal son of Ramroop Choupal All residents of Village- Kaitola, P.S.- Madhubani Town, DistrictMadhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2019 It appears that previous order dated i.e. order dated 07.03.2019 has been passed by this Bench, however, inadvertently, the name of Hon'ble Mr. Justice Arvind Srivastava, J. has appeared in the said order. In such view of the matter, let the order dated 07.03.2019 be treated to be passed by this Bench. Office to offload the previous order dated 07.03.2019 from the internal as well as external website and upload the same in the name of sitting Judge of this Bench. This is an application for grant of anticipatory bail in

Patna High Court CR. MISC. No.7174 of 2019(4) dt.04-04-2019 2/3 connection with Madhubani Town P.S. Case No. 73 of 2018, disclosing offences under Sections 341, 323, 354(A), 506, 509, 34 of the Indian Penal Code and Section 4 of the POCSO Act. Allegation against one co-accused Prem Paswan is of trying to outrage the modesty of the minor daughter of the informant and when the informant and others raised objection, they were assaulted by the accused persons including the petitioners.

Submission of learned counsel for the petitioners is that the main allegation is against co-accused Prem Paswan and the girl herself has stated in her statement recorded under Section 164 Cr.P.C. Further, the petitioners have no criminal antecedents.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st (POCSO Act), Madhubani, in connection with Madhubani Town P.S. Case No.

Patna High Court CR. MISC. No.7174 of 2019(4) dt.04-04-2019 3/3 73 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T