Baiju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16909 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== 1.

BAIJU PASWAN S/o Suresh Paswan Resident of Village - Dihuri, P.S.- Chandauti, District - Gaya.

2.

Surendra Paswan @ Nepali Paswan S/o Late Sahdeo Paswan Resident of Village - Dihuri, P.S.- Chandauti, District - Gaya. 3.

Dipak Kumar S/o Surendra Paswan Resident of Village - Dihuri, P.S.- Chandauti, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2019 Heard both sides.

The petitioners apprehend their arrest in Chandauti P.S. case No. 226 of 2018 registered under Section 341, 342, 323, 354(A), 354(B), 379, 307, 504, 506,34 of the IPC. The informant alleged that her motor and starter were stolen away on 16.10.2018 from the field. Her husband enquired from the petitioners about the theft of motor. On the date of occurrence, while she was going to her filed the petitioners and others intercepted her and torn her clothes after assaulting her with a view to outrage her modesty.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.16909 of 2019(2) dt.26-03-2019 2/2 there is a case and counter case. Neha Kumari, daughter of petitioner No.2, filed SC/ST P.S. case No. 37/18 against the sons of the informant alleging therein that they all made attempt to outrage her modesty and in order to save the skin the informant lodged the present case.

Considering the facts that both sides lodged case making similar allegation against each other, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. case No. 226 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T