Pintu Paswan @ Pintu Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15021 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -VISHNUPAD District- GAYA ======================================================
1. Pintu Paswan @ Pintu Kumar, Son of Munarik Paswan @ Mundrika Paswan.
2. Guddu Paswan @ Guddu Kumar, Son of Umesh Paswan, Both are Resident of Maranpur, P.S.- Vishnupad, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Vishnupad P.S. Case No. 182 of 2016 instituted for the offence under Sections 307, 341, 323, 379, 504 and 354/34 of the Indian Penal Code.
As per allegation, petitioner No. 1 always used to throw bricks and stone upon the house of the informant and on protest by the family members of the informant, petitioner Nos. 1 and 2 along with co-accused Deepak Paswan entered into the house of the informant and assaulted him and his children by iron rod and lathi and also outraged modesty of his wife.
Patna High Court Cr.Misc. No.15021 of 2017 (3) dt.08-05-2017 2/3 It has been submitted that there is case and counter case between the parties. It has further been submitted that earlier to the occurrence, petitioner No. 1 has filed Vishnupad P.S. Case No. 181 of 2016 against the prosecution party for the offences under Sections 307, 341, 323, 504 and 34 of the Indian Penal Code.
The injury report of the informant Musafir Yadav, Manju Devi, wife of the informant, and Bitu Kumar has been annexed as Annexure-3 series from which it appears that they have sustained simple injuries caused by hard and blunt substance. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Vishnupad P.S. Case No. 182 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 Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the
Patna High Court Cr.Misc. No.15021 of 2017 (3) dt.08-05-2017 3/3 jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T