Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11511 of 2023 Arising Out of PS. Case No.-343 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Ajay Paswan Son Of Ram Chandra Paswan R/O Vill.- Kapur Bigha, P.O. And P.S.- Rafiganj, Distt.- Aurangabad, Bihar 2.

Sanjay Paswan Son Of Ram Chandra Paswan R/O Vill.- Kapur Bigha, P.O. And P.S.- Rafiganj, Distt.- Aurangabad, Bihar 3.

Lalpari Kumari D/O Sanjay Paswan R/O Vill.- Kapur Bigha, P.O. And P.S.- Rafiganj, Distt.- Aurangabad, Bihar 4.

Chinanti Devi @ Chimati Devi Wife Of Ajay Paswan R/O Vill.- Kapur Bigha, P.O. And P.S.- Rafiganj, Distt.- Aurangabad, Bihar 5.

Sarita Devi Wife Of Sanjay Paswan R/O Vill.- Kapur Bigha, P.O. And P.S.- Rafiganj, Distt.- Aurangabad, Bihar 6.

Samita Devi @ Sunita Devi Wife Of Ramchandra Paswan R/O Vill.- Kapur Bigha, P.O. And P.S.- Rafiganj, Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Rafiganj P.S. Case No. 343 of 2022 registered for the offences punishable under Sections 341, 323, 354, 379/34 of the Indian Penal Code.

As per the prosecution case, all the FIR named

Patna High Court CR. MISC. No.11511 of 2023(2) dt.11-05-2023 2/3 accused persons including the petitioners assaulted the informant and his family members with iron rod, lathi and danda causing injury to them and tried to outrage the modesty of female members of his family.

Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further submitted that the occurrence took pace on 21.08.2022 and the FIR has been filed on 04.09.2022 after delay of 14 days without giving any reasonable explanation which creates serious doubt on the veracity of the prosecution case. There is general and omnibus allegation against the petitioners. Injured sustained injury found simple in nature. It is further submitted that petitioners have clean antecedent as stated in para-3 of this application.

Considering the delay in lodging the FIR, as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 25,000/- (Twenty Five thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in Rafiganj P.S. Case No. 343 of

Patna High Court CR. MISC. No.11511 of 2023(2) dt.11-05-2023 3/3 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Anjani Kumar Sharan, J) U T