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Patna High CourtCR. MISC./51423/2015bail granted

Munil Lal Paswan v. The State Of Bihar

2015-12-21Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51423 of 2015 ====================================================== Munil Lal Paswan S/o Yadunandan Paswan resident of village - Madhusharwa, P.S. Mehandia, District - Arbal .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51614 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- JEHANABAD ======================================================

1. Chano Devi w/o Muni Lal Paswan

2. Subhanti Devi @ Sumanti Devi w/o Amaresh Paswan both residents of village - Madhusharwa, P.S. - Mehandia, District - Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.51423 of 2015) For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Ashok Kumar Singh 1 (App) (In Cr.Misc. No.51614 of 2015) For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners of both the applications are accused in connection with Mahendia P.S. Case No. 102 of 2015 registered under Sections 147, 149, 341, 323, 324, 325, 504, 307 of the I.P.C.

Patna High Court Cr.Misc. No.51423 of 2015 (2) dt.21-12-2015 2/3 and later on section 302 of the I.P.C. was added. Therefore, both applications are being heard together and disposed of by this order.

The accusation is that the Dharmendar Paswan and Maheshwar Paswan, both sons of the informant, were going for natural call to the field near the house of Munilal Pawan, the petitioners and 15 others named in the F.I.R. assaulted the sons of the informant through lathi, danda, iron rod, khanti and garasa. When daughter-in-law, grand-daughter and grand-son rushed to save Dharmendar Paswan, they were also assaulted by the accused persons. Later on, Dharmendra Paswan died in course of treatment.

Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that the petitioners and 15 others have been named in the F.I.R. with general allegation to cause assault to Dharmendar Paswan, grandson of the informant, who died in course of treatment. It is also submitted that petitioner, Munil Lal Paswan is more than 65 years and rest both petitioners, being ladies, are in custody since 22.07.2015. It is further submitted that co-accused Lal Muni Devi and Rita Devi have already been allowed bail by a Bench of this Court vide Cr. Misc. No. 52514 of 2015 on 10.11.2015.

Patna High Court Cr.Misc. No.51423 of 2015 (2) dt.21-12-2015 3/3 Having considered the facts and circumstances of the case, let the above named petitioners 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 C.J.M., Arwal in connection with Mahendia P.S. Case No. 102 of 2015 (Rajendra Kumar Mishra, J) Shail/- U T