Patna High CourtCR. MISC./7965/2023bail granted

Baijnath Paswan v. The State Of Bihar

2023-05-18Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7965 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

BAIJNATH PASWAN Son of Aditya Paswan Resident of Village- Bhaga Bigha (Ular), P.S.- Dulhin Bazar, District- Patna 2.

NAND BIHARI PASWAN @ NAND BIHARI KUMAR Son of Baijnath Paswan Resident of Village- Bhaga Bigha (Ular), P.S.- Dulhin Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Adv For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2023 Heard Mr. Ashok Kumar Sinha, learned counsel for the petitioners and Mr. Anil Kumar Singh No. 1, learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Dulhin Bazar PS Case No. 99/2022 dated 04.05.2022 registered for the offence punishable under Sections 448, 354/34 of the IPC.

3. As per First Informant Report, petitioners who are father and son, allegedly, entered into the house of the informant, abused her and tried to outrage the modesty in order to establish physical relationship with her.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.7965 of 2023(2) dt.18-05-2023 2/2 petitioners have falsely been implicated in this case due to political reason inasmunch as petitioner no.1 is a Ward Member.

5. Regards being had to the submissions made by the parties, taking into consideration the material on record and the fact the petitioner no.1 is a Ward Member having political connection and the possibility of false implication may not be ruled out, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ms. Vishudha Prakash, learned Judicial Magistrate 1st Class, Danapur, District-Patna/the court concerned in connection with Dulhin Bazar PS Case No. 99/2022, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T