Chhathu Paswan @ Chhotu Paswan @ Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23902 of 2021 Arising Out of PS. Case No.-417 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

CHHATHU PASWAN @ CHHOTU PASWAN @ AMOD KUMAR SON OF JAMDAR PASWAN R/O VILLAGE- BANKATWA, P.S.- JITNA, DISTRICT- EAST CHAMPARAN.

2.

JANKI DEVI WIFE OF JAMDAR PASWAN R/O VILLAGEBANKATWA, P.S.- JITNA, DISTRICT- EAST CHAMPARAN. 3.

PRAMOD PASWAN SON OF JAMDAR PASWAN R/O VILLAGEBANKATWA, P.S.- JITNA, DISTRICT- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-02-2022 At the outset, learned counsel for the petitioners submits that during pendency of this application petitioner nos. 1 and 3 have been arrested, and as such, he seeks permission to withdraw this application as against them. Permission is granted.

The application, thus, stands dismissed as withdrawn as against petitioner nos. 1 and 3. Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Ghorasahan (Jitna) P.S. Case No. 417 of 2019 registered for the offence punishable under sections 363, 364/34 of the

Patna High Court CR. MISC. No.23902 of 2021(2) dt.04-02-2022 2/2 Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. As a matter of fact, the victim girl in her statement under section 164 Cr. P.C. (Annexure-2) has stated that she herself went to her grand mother (nani) house and the F.I.R. named accused persons are innocent. Moreover, the matter has been amicably compromised between the parties vide Annexure-3. Petitioner has clean antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner no. 2, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan (Jitna) P.S. Case No. 417 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T