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Patna High CourtCR. MISC./41111/2015bail granted

Mital Paswan v. State Of Bihar And ANR

2015-10-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41111 of 2015 Arising Out of PS.Case No. -207 Year- 2015 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Mital Paswan S/o Late Haricharan Paswan Resident of Village Salmabad, P.S. Rahui, District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chanchal Kumari W/o Nitish Paswan Resident of Village Salmabad, P.S. Rahi, District Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Dr. M.K. Gautam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-10-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 308, 504, 506 of the Indian Penal Code. The prosecution case is that accused persons including the petitioner came, abused and assaulted the informant and her family members by means of lathi-danda and butt of the pistol, as a result six persons received injuries. It is submitted by learned counsel for the petitioner that none of the informant's side received any substantial injury and there is counter version of the occurrence also. Though petitioner has been made accused in a case in the year 2000 but he is on bail in that case. A supplementary affidavit to that effect has been filed. Moreover, even assuming the accusation, no case under Section 308 I.P.C

Patna High Court Cr.Misc. No.41111 of 2015 (2) dt.09-10-2015 2/2 is made out.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui P.S. Case No. 207 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T