Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1477 of 2020 Arising Out of PS. Case No.-326 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== 1.

DINESH PASWAN Son of Olayat Paswan Resident of Village- Semra Parsa, P.S.- Chanpatia (Sirisiya O.P.), Distt- West Champarn 2.

Ranjan Paswan @ Ranjan Kr. Paswan S/o Dinesh Paswan Resident of Village- Semra Parsa, P.S.- Chanpatia (Sirisiya O.P.), Distt- West Champarn 3.

Rahul Paswan S/o Jokhu Paswan Resident of Village- Semra Parsa, P.S.- Chanpatia (Sirisiya O.P.), Distt- West Champarn 4.

Mankeshwar Paswan S/o Mohan Paswan Resident of Village- Semra Parsa, P.S.- Chanpatia (Sirisiya O.P.), Distt- West Champarn ... ... Petitioners

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Sachida Nand Rai, Advocate For the Opposite Party :

Mr.Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Prayer for bail of the petitioner no.1 is dismissed as being infructuous, as it is submitted by learned counsel for the petitioner s that petitioner no.1 has already been arrested during pendency of the bail petition.

Heard learned counsel for the rest petitioners as well as learned counsel for the State.

Petitioners apprehends arrest in a case registered for the offences punishable under Sections 354B/34 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioners submits that the specific allegation of assault and outraging modesty is against petitioner no.1 and so far as other petitioners are concerned the allegation is general and omnibus, there is case and counter case and parties are agnate. FIR has been lodged after delay of seven days without explanation.

Considering the facts of the case, let the petitioner nos. 2 to 4, above named, in the event of arrest/surrender before

Patna High Court CR. MISC. No.1477 of 2020(2) dt.25-02-2020 2/2 the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bettiah, West Champaran in Chanpatia (Sirisiyas OP) Police Station Case No. 326/2019 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T