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Patna High CourtCR. MISC./20247/2015disposed

Ravi Kumar And ORS v. The State Of Bihar

2015-07-23Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20247 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Ravi Kumar, S/o Laxman Paswan

2. Laxman Paswan, S/o Nand Kishore Paswan

3. Bibha Devi, W/o Laxman Paswan

4. Dinesh Paswan, S/o Shatrughan Paswan

5. Mahesh Paswan, S/o Bharat Paswan

6. Malti Devi, W/o Late Nand Kishore Paswan

7. Bhola Paswan, S/o Late Ramashray Paswan

8. Bharat Paswan, S/o Late Parishan Paswan, All are R/o Village - Dwarikanagar, P.S. - Musahri, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh, Advocate For the Opposite Party/s : Mr. Anant Kumar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-07-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are apprehending their arrest in connection with Musahri P.S. Case No.31 of 2015 for allegedly having committed the offences under Sections 147, 148, 149, 341, 323, 436, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioners submits that the allegation against these petitioners has been occasioned on account of the fact that previously the daughter of Lakshman Paswan had disappeared and later she was found dead. As a

Patna High Court Cr.Misc. No.20247 of 2015 (2) dt.23-07-2015 2/3 consequence of the same, Lakshman Paswan lodged a case against informant's side alleging that they had been instrumental in the murder of his daughter.

Learned counsel for the informant, however, submits that all these persons have come in a mob and set the house of the informant on fire.

However, after perusing the F.I.R. and after hearing the learned counsel for the State, I find that apart from the role having been assigned to Laxman Paswan (Petitioner No.2) and Bhola Paswan (PetitionerNo.7), there is no specific allegation against the rest of the petitioners.

Considering the aforementioned submissions, except petitioner no.2 Laxman Paswan and petitioner no.7 Bhola Paswan, all the petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Musahri P.S. Case No.31 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.20247 of 2015 (2) dt.23-07-2015 3/3 So far as the prayer for bail on behalf of petitioner no.2 Laxman Paswan and petitioner no.7 Bhola Paswan is concerned, the same is rejected. They may, however, move for regular bail and the learned court below shall consider the same without being prejudiced by this order.

(Anjana Mishra, J) PNM U T