Om Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26443 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- SINGHIYA District- Samastipur ====================================================== 1.

OM PRAKASH PASWAN, aged about 48 years(Male) Son of Late Ram Bahadur Paswan 2.

Subhash Paswan @ Subhash Kumar Paswan @ Jan Shakti Paswan, aged about 19 years(Male) Son of Om Prakash Paswan Both resident of Village- Tenua, P.S.- Singhiya, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2019 Heard both sides.

The petitioners apprehend their arrest in Singhiya P.S. Case No.133 of 2018 registered under Sections 341, 323, 452, 354(B), 379, 504, 506 and 34 of the Indian Penal Code. The informant named the petitioners and other family members of the petitioners and alleged that on account of long standing land dispute, the petitioners and Gulab Devi(wife of petitioner No.1) having armed with spear and lathi entered into her house. Petitioner No.1 is alleged to have torn the cloths of the informant and petitioner No.2 is alleged to have assaulted the minor son of the informant.

The learned counsel for the petitioners submits that on

Patna High Court CR. MISC. No.26443 of 2019(2) dt.23-04-2019 2/2 account of land dispute, the present case has been lodged. There is a counter version. The informant and her son got minor injuries and the injuries are manufactured. The case has been lodged only to put pressure on the petitioners not to pursue the title suit filed for resolving the dispute.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that there is a long land dispute between two sides and injuries found on the person of the informant are simple in nature, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Singhiya P.S. Case No.133 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T