Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29657 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- RAJAON District- Banka ====================================================== 1.

BINOD PASWAN S/o Late Badri Paswan R/o village- Kifayatpur, P.S.- Rajoun, District- Banka 2.

Punam Devi W/o Binod Paswan R/o village- Kifayatpur, P.S.- Rajoun, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 354, 307, 504, 506 and 34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant by fists and slaps and petitioner No.2 caught hold the hair of informant and petitioner

Patna High Court CR. MISC. No.29657 of 2021(2) dt.07-03-2022 2/3 No.1 and co-accused Chandan assaulted the informant by lathi on abdomen causing miscarriage.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioner No.2 is a lady. The alleged occurrence is said to have taken place due to land dispute. Both the parties are agnates. F.I.R. has been instituted after four days of the alleged occurrence. Delay has not been explained by the prosecution. From the order of the Sessions Court, it is evident that no injury report of the victim was produced before the Sessions Court by the prosecution.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Rajoun P.S. case No.257/2020 (G.R.

Patna High Court CR. MISC. No.29657 of 2021(2) dt.07-03-2022 3/3 No.2043/20), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T