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Patna High CourtCR. MISC./29861/2021dismissed

Raju Paswan v. The State Of Bihar

2022-06-07Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29861 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- DHANGAI District- Gaya ====================================================== 1.

RAJU PASWAN Son of Sukar Paswan 2.

Mukhu Paswan Son of Badri Paswan Both are Resident of village - Kathautiya, P.S. - Dhangai, District - Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Jubair Ansari,Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,148,149,323,325,307,302 and 379 of IPC.

Allegation against the petitioners are that they alongwith other co-accused persons armed with lathi, danda and axe entered into the house of the informant and petitioner-Raju Paswan armed with axe assaulted on the head of the husband of the informant, due to that he sustained severe injuries and for better treatment he was referred to Patna but his condition was

Patna High Court CR. MISC. No.29861 of 2021(2) dt.07-06-2022 2/2 stated to be serious. During treatment, husband of the informant died. It has been further alleged that they all also assaulted Manju Devi and caused fracture in her hand.

Learned counsel for the petitioners submits that the petitioners have clean antecedent. They have falsely been implicated in the present case. He further submits that the present case is counter case of Dhangai P.S. Case No.41 of 2020 filed by the side of the petitioners against the informant and her family members.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioners and submits that the allegation against petitioner-Raju Paswan is that he assaulted the husband of the informant and during treatment he died.

Considering the aforesaid facts, I am not inclined to enlarge the petitioners on anticipatory bail in connection with Dhangai P.S.Case No.40 of 2020 pending in the court of learned Additional Chief Judicial Magistrate, Sherghati, Gaya. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T