Pawan Kumar Sah @ Pawan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21338 of 2022 Arising Out of PS. Case No.-917 Year-2018 Thana- ARARIA District- Araria ====================================================== 1.

PAWAN KUMAR SAH @ PAWAN SAH Son of Rajendra Prasad Sah Resident of Village - Diyari, Ward no.09, P.S. and Distt.- Araria. 2.

Bimla Devi W/o Rajendra Prasad Sah Resident of Village - Diyari, Ward no.09, P.S. and Distt.- Araria.

3.

Raj Kumari Devi W/o Shankar Sah Resident of Village - Diyari, Ward no.09, P.S. and Distt.- Araria.

4.

Ful Kumari Devi W/o Pawan Sah Resident of Village - Diyari, Ward no.09, P.S. and Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 353, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos. 2, 3 and 4 are women and the informant alleges that on order of the S.H.O. of the concerned P.S. he reached Ward No. 9 to verify the application of Manoj and called him for inquiry and

Patna High Court CR. MISC. No.21338 of 2022(2) dt.02-11-2022 2/3 when he demanded the papers relating to land it is alleged that all the accused persons, including the petitioners, became furious and were ready to assault the informant with lathi and danda and even scuffled with him, it is next alleged that Pawan attempted to snatched his pistol and started abusing him and even attempted to tear his uniform but was saved on intervention of the villagers.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that it absolutely does not stand to reason that when the police personnel will come to the house of a person for inquiring the family members would try to assault him, it is next submitted that the FIR does not disclose as to what documents were being asked by the informant for verification and for what purpose, it is also submitted that the allegations are general and omnibus in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.21338 of 2022(2) dt.02-11-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Araria P.S. Case No. 917 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T