Patna High CourtCR. MISC./41662/2014bail granted

Saheb Paswan v. State Of Bihar And ANR

2015-03-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41662 of 2014 Arising Out of PS.Case No. -982 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Saheb Paswan Son of Dasrath Paswan, Resident of Harijan Colony, Bariyahi Bazar, P.S.-Bangaon, District-Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Soniya Devi, Wife of Bharat Paswan Resident of Harijan Colony, Bariyahi Bazar, P.S.-Bangaon, District-Saharsa. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Complaint Case No. 982(C) of 2013 registered under Sections 354 and 427 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that opposite party no.2, Soniya Devi filed the Complaint Case No. 627 (C) of 2008 in the Court of C.J.M., Saharsa for the offence under Sections 376 and 504 of the I.P.C. against the petitioner which was sent under Section 156(3) Cr. P.C. for investigation and accordingly, Bangaon P.S. Case No. 46 of 2008 was instituted and after investigation, the Police submitted the final form. Thereafter, the protest petition was filed by the

Patna High Court Cr.Misc. No.41662 of 2014 (2) dt.04-03-2015 2/2 opposite party no.2, which was treated as Complaint Case No. 982(c) of 2013 in which after enquiry, the petitioner has been summoned under Sections 354 and 427 of the I.P.C., both sections are non-bailable. Learned counsel further submits that the petitioner is Chawkidar and he has falsely been implicated in the present case due to village rivalry.

Considering the aforesaid submissions, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saharsa in connection with Complaint Case No. 982(C) of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J.) Shail/- U T