Sandeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11925 of 2020 Arising Out of PS. Case No.-625 Year-2019 Thana- MASAUDHI District- Patna ====================================================== 1.

Sandeep Paswan Son of Dukhu Paswan Resident of Village - Sukathia, P.S.- Masaurhi, Dist.- Patna.

2.

Dilip Paswan Son of Raghunandan Paswan Resident of Village - Sukathia, P.S.- Masaurhi, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2020 Heard learned counsel for the petitioners and learned APP for the State, through video conferencing.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Masaurhi P.S. Case No.625 of 2019, registered under sections 341, 323, 354, 504 and 34 of the Indian Penal Code. As per allegation in the F.I.R., informant and the accused persons who are neighbours clashed over a dispute for parking of motorcycle. It is stated that Sandeep Paswan caught hold of the hair of the informant and brought her to the ground and also assaulted her with 'Khanti' while Dilip Paswan is alleged to have outraged her modesty.

It is submitted by learned counsel for the petitioners that the petitioners are next door neighbours and the scuffle between them took over a minor issue i.e parking of motorcycle. The

Patna High Court CR. MISC. No.11925 of 2020(2) dt.25-06-2020 2/2 allegations under section 354 of the Indian Penal Code and assault by 'Khanti' etc. have been made to make the appearance of the case serious. There is no injury report on record and the petitioners having no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the nature of the conflict between the parties and the petitioners having no criminal antecedent, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Masaurhi P.S. Case No.625 of 2019, they will be enlarged 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 1st Class, Masaurhi, Patna subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T