Mukhtar Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.22661 of 2015 (3) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22661 of 2015 Arising Out of PS.Case No. -109 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Mukhtar Paswan Son of Late Sita Ram Paswan resident of Village Amarpur, Police Station - Sonbarsa Kachahri, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 324, 354, 379, 504, 34 of the Indian Penal Code.

It is alleged by the informant that on 15.2.2015 that while she was preparing food then the FIR named accused persons came in her court yard and started abusing her and when she objected then all the accused persons started assaulting her and accused Mukhtar Paswan hurled iron rod blow on the head of the informant and also pulled her lady garments due to which she became mini naked and in course of occurrence, the accused took away ornaments of the informant.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.22661 of 2015 (3) dt.21-09-2015 petitioner has falsely been implicated in the present case. It is further submitted that it is a case and counter case. Counter case has been instituted prior to the institution of the present case. The injury report shows that injury sustained upon the informant is simple in nature.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.,Saharsa in connection with Saharsa Sadar P.S.Case No. 109/2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T