Boku Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29227 of 2018 Arising Out of PS.Case No. -140 Year- 2017 Thana -GWALPARA District- MADHEPURA ======================================================
1. Boku Paswan,
2. Shivjee Paswan
3. Shankar Paswan
4. Arjun Paswan
5. Subhankar Paswan
6. Nunu Lal Paswan All Sons of Karnesh Paswan, R/o Ramganj Panchayat Khokd.., P.S.- Gwalpura, Distt.- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Vishoka Nand For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek pre-arrest bail in connection with Gwalpara P.S. Case No.140 of 2017 registered for the offences under Sections 448, 341, 323, 354(B), 385, 379, 504, 506 and 34 of the I.P.C.
Accusation is that 12 persons named in the F.I.R. including the petitioners entered in the courtyard of the informant, Mina Devi and made demand of Rs.50,000/- pointing gun whereupon the informant showed her inability to part with then Bauku Paswan petitioner no.1, Subhankar Paswan petitioner no.5
Patna High Court Cr.Misc. No.29227 of 2018 (2) dt.14-05-2018 2/2 and co-accused Masudan Paswan started to assault her with rope in which her blouse and saree was torn and at that time they also snatched ear ring and moved from there giving threat to kill her. Learned counsel appearing on behalf of the petitioners submits that Savita Devi wife of Masudan Paswan, had already lodged Madhepura SC/ST P.S.Case No.42 of 2017 on 10.09.2017 under Sections 341, 323, 354, 379, 504, 34 of the I.P.C. and Sections 3(1)(5), 3(2) (va) of Scheduled Castes and Scheduled Tribes (prevention of atrocities) Act against the informant of the present case and due to that reason only to give pressure the present case has been lodged to implicate the petitioners. The petitioner has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioners above named, in the event of their arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the J.M., 1st Class, Udakishunganj, Madhepura, in Gwalpara P.S. Case No.140 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Rajendra Kumar Mishra, J) AnilKrSinha/- U