Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22625 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

SHOBHA DEVI, aged about 38 years(F) Wife of Surendra Paswan 2.

Surendra Paswan, aged about 42 years(M) Son of Fagu Paswan 3.

Sunil Paswan, aged about 32 years(M) Son of Fagu Paswan 4.

Santosh Paswan, aged about 29 years(M) Son of Fagu Paswan 5.

Nagendra Paswan, aged about 25 years(M) Son of Fagu Paswan 6.

Niklesh Kumar, aged about 20 years(M) Son of Surendra Paswan 7.

Mukesh Paswan, aged about 25 years(M) Son of Harendra Paswan All residents of Village- Tingachiya, P.S.- Govindganj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.

The petitioners apprehend their arrest in Govindganj P.S. Case No.300 of 2018 registered under Sections 341, 323, 307, 504, 379/34 of the Indian Penal Code.

The informant alleged that all the accused persons including Sujit Paswan having armed with different weapons entered into her house. Sunil Paswan assaulted in her pelvis region causing miscarriage of foetus of two months. Other accused persons also assaulted the informant and tied towel around her neck. She further alleged that petitioners looted away

Patna High Court CR. MISC. No.22625 of 2019(2) dt.11-04-2019 2/2 different articles and cash from the house of the informant. The learned counsel for the petitioners submits that there is a counter version being Govindganj P.S. Case No.310 of 2018 against the informant and her husband. From perusal of the injury report(Annexure-2), it would appear that informant complained of pain in her whole body and there was swelling on her left shoulder. The doctor did not find any bleeding or miscarriage.

Taking into consideration the fact that there is a case and counter case and both sides entered into mutual assault with each other, 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 1st Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Govindganj P.S. Case No.300 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Saurabh/- (Prabhat Kumar Jha, J) U T