Shashi Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9483 of 2020 Arising Out of PS. Case No.-557 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== 1.
SHASHI PASWAN Son of Ramashray Paswan Resident of Village - Nauru, P.S.- Parasbigha, District - Jehanabad.
2.
Subhash Paswan @ Raju Kumar Son of Ramashray Paswan Resident of Village - Nauru, P.S.- Parasbigha, District - Jehanabad. ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Sangita Kumari Daughter of Ramswarup Paswan Resident of Village - Nauru, P.S.- Parasbigha, District - Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Paras Nath, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Complaint Case No. 557 of 2017, disclosing offences under Sections 323, 452, 354/34 of the Indian Penal Code. The allegation against the petitioners is that the petitioners entered into the house of the complainant and tried to outrage her modesty and when the complainant raised hulla, the mother and sister of complainant came in her room then these accused petitioners abused them and also snatched golden Jitiya worth Rs. 28,000/-.
Patna High Court CR. MISC. No.9483 of 2020(2) dt.03-03-2020 2/3 Learned Counsel for the petitioners submits that both the petitioners are brother and have falsely been implicated in this case with ulterior motive and based upon malafide complaint. Learned Counsel further submits that both the parties are neighbors and prior to the present complaint, the father of the petitioners had lodged a complaint in Parasbigha P.S. Case No. 134 of 2017 against the complainant and other family members inasmuch as a scuffle had taken place between the parties on a petty issue in which petitioner no. 2 had suffered injury.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are next door neighbor and prior to the present complaint the father of the petitioners had lodged Parasbigha, P.S. Case No. 134 of 2017 against the complainant and others, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jehanabad,
Patna High Court CR. MISC. No.9483 of 2020(2) dt.03-03-2020 3/3 in connection with Trial No. 1830 of 2019 Complaint Case No. 557 of 2017, subject to condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) Niraj/- U T