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Patna High CourtCR. MISC./4458/2025partly allowed disposal

Chandrashekhar Paswan v. The State Of Bihar

2025-02-19Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4458 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== 1.

Chandrashekhar Paswan aged about 33 years gender male Son of Shivshankar Paswan 2.

Shashibhushan Paswan @ Shashibhushan Kumar aged about 30 years gender male Son of Shivshankar Paswan 3.

Devkant Paswan @ Devakant Paswan aged about 50 years gender male Son of Late Ramkishore Paswan 4.

Anant Kumar aged about 45 gender male son of Late Ramkishore Paswan. All are Residence of Village-Pathla, P.S-Lakhisarai, District-Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabanam Kumari Wife of Amar Lal Kumar Resident of Village- Pathla, P.S.- Lakhisarai, Distt.- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-02-2025 Heard Mr. Binay Kumar, learned counsel appearing on behalf of the petitioners and Mr. Ajay Kumar Jha, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Complaint Case No. 131C of 2024, registered for the offence punishable under Sections 341, 323, 379, 452, 427, 354(B) and 506/34 of the Indian Penal Code.

3. As per the allegation made in the complaint case, the petitioners have allegedly assaulted the complainant and

Patna High Court CR. MISC. No.4458 of 2025(2) dt.19-02-2025 2/3 have also outraged the modesty of the complainant. Specific allegation of outraging the modesty of the complainant is against petitioner no. 1, namely, Chandrashekhar Paswan.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Allegation as alleged in the complaint case is false and fabricated. Petitioners have clean antecedent. On these grounds, petitioners seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the specific allegation against petitioner no. 1, namely, Chandrashekhar Paswan, I am not inclined to enlarge him on pre-arrest bail.

7. So far as, petitioners no. 2, 3 and 4, above named, are concerned, they are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, 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 J.M IInd Class, Lakhisarai, in connection with Complaint Case No. 131C of 2024, subject to the condition

Patna High Court CR. MISC. No.4458 of 2025(2) dt.19-02-2025 3/3 as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners no. 2, 3 and 4 as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners no. 2, 3 and 4 as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J) Niraj/- U T