Satish Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21199 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- JAYRAMPUR District- Sheikhpura ====================================================== 1.

SATISH PASWAN AND ANR Son of Faresh Paswan @ Paras Paswan Resident of Village-Jagdishpur, P.S.-Jairampur, District - Sheikhpura 2.

Pramod Chaudhary Son of Lagan Chaudhary Resident of VillageJagdishpur, P.S.-Jairampur, District - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Section 354/34 of the IPC.

The prosecution case as per the written report of Moti Das dated 4.1.2019 submitted to the SHO, Jairampur Police Station is to the effect that on 28.12.2018 when the informant's daughter was returning after taking tuition, the petitioners misbehaved with her and asked for her mobile number. It is further alleged that when the daughter of the informant declined to give her mobile number, then in the next morning when the informant's daughter went to

Patna High Court CR. MISC. No.21199 of 2019(2) dt.12-04-2019 2/3 agricultural field, the accused persons tried to chase her. It is submitted by learned counsel for the petitioners that for the occurrence of 28.12.2018 at 4.00 P.M., the written report was submitted on 4.1.2019 and in the background of village politics, the petitioners being covillagers have been roped in the present case. It is further submitted that the victim is a married lady and even assuming the accusation to be true, no offence under Section 354 of the IPC is made out. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR.

Considering the delayed lodging of the FIR and the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JM Ist Class, Sheikhpura, in connection with Jairampur P.S. Case No. 1 of 2019 subject to the

Patna High Court CR. MISC. No.21199 of 2019(2) dt.12-04-2019 3/3 conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U