Raju Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8966 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -UJIYARPUR District- SAMASTIPUR ======================================================
1. Raju Paswan, son of Hari Lal Paswan
2. Ritesh Paswan @ Ritesh Kumar. son of Hari Lal Paswan
3. Jasia Devi, wife of Hari Lal Paswan
4. Hari Lal Paswan @ Hari Lal Paswan, son of late Rupan Paswan
5. Arun Paswan, son of Soman Paswan
6. Mallu Paswan @ Malhu Paswan, son of Rane Paswan
7. Sadhana Devi, wife of Arun Paswan
8. Phuleshwari Devi, wife of Late Soman Paswan
9. Naresh Paswan, son of Parmeshwar Paswan
10. Poonam Devi, wife of Mallu Paswan
11. Sushil Paswan, son of Mallu Paswan
12. Mukesh Paswan, son of Parmeshwar Paswan
13. Lakhindra Paswan, son of Ram Das Paswan
14. Rame Paswan, son of Late Bakhari Paswan
15. Balindra Paswan, son of Ram Das Paswan
16. Ram Das Paswan, son of Asharfi Paswan
17. Gulabia Devi ,wife of Ram Jiwan Paswan
18. Manjit Kumar Paswan, son of Rajesh Paswan
19. Dharamjit Paswan @ Dharamjit Kumar Paswan, son of Rajesh Paswan
20. Pinki Devi, wife of Rajesh Paswan
21. Umesh Paswan, son of Ram Jiwan Paswan
22. Parmeshwar Paswan, son of Late Ram Khelawan Paswan
23. Dipak Paswan, son of Ganesh Paswan
24. Sushila Devi, Daughter of Malhu Paswan
25. Indu Devi, wife of Ganesh Paswan All are residents of Village - Saidpur Jahid, Police Station - Ujiarpur, District - Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate. For the Opposite Party/s : Mr. Manoj Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2017 Heard learned counsel for the petitioners and the State.
Patna High Court Cr.Misc. No.8966 of 2017 (3) dt.29-03-2017 2/3 The petitioners apprehend their arrest in Ujiyarpur P.S. Case No.145 of 2016 instituted for the offence under Sections 147, 148, 149, 323, 325, 316, 379, 504 and 506 of the Indian Penal Code.
It has been submitted that there is case and counter case between the parties. The instant case is counter blast to Ujiyarpur P.S. Case No. 143 of 2016 filed by the petitioner side on 11.9.2016 at 7:15 p.m.
It is alleged in the written report that the accused persons variously armed with weapons assaulted the informant and his wife causing injury to them. It is further alleged that two months old pregnancy of the wife of the informant got aborted. Case diary has been received.
The learned A.P.P. has pointed out about the injury report of the informant and his wife. The doctor has found simple injury and has reserved the opinion with regard to injury No. 1 of the informant as well as his wife which is over middle left of right thigh and tenderness over waist and both were advised for X-ray but no x-ray was ever done.
Learned counsel for the opposite party No. 2 has appeared and opposed the prayer for bail.
Patna High Court Cr.Misc. No.8966 of 2017 (3) dt.29-03-2017 3/3 Considering the nature of injuries sustained by the injured and the facts of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Ujiarpur P.S. Case No. 145 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dalsingsarai, Distt. Samastipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T