Sanjay Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27123 of 2016 Arising Out of PS.Case No. -271 Year- 2015 Thana -ARARIA District- ARRARIA ======================================================
1. Sanjay Paswan son of Buddu Paswan
2. Ranjit Paswan son of Buddu Paswan Both are residents of village - Manikpur, P.S. - Bairgachhi (Araria), Dist - Araria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 04-07-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 447, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.
The prosecution case is that on 08.06.2014 at 8.00 P.M. all the FIR named accused persons including the petitioners along with 5-6 unknown variously armed came at the door of the informant and started abusing the informant. On protest being made petitioner no. 2 Ranjit Paswan assaulted on the head of the informant with Dabia when the brother of the
Patna High Court Cr.Misc. No.27123 of 2016 (2) dt.04-07-2016 2/3 informant, Manoj Paswan came to rescue then petitioner no. 1 Sanjay Paswan assaulted on his head with sword. Thereafter the accused persons took away household articles. It is submitted by learned counsel for the petitioners that the petitioners' sister Anita Devi was married with informant's brother Manoj Paswan but subsequently the relationship got strained as a result there was some Panchayati fixed when the informant side assaulted the petitioners' side leading to registration of Araria P.S. Case No. 270 of 2015 on 09.06.2015 at 10.30 A.M. with accusation under Sections 147, 148, 149, 341, 323, 324, 307, 354B, 498A of the IPC and 3/4 of Dowry Prohibition Act, thereafter as a retaliatory measure the present FIR was registered on the same day at 10.45 A.M. though both the FIR reached to the court on 11.06.2015. The injury of the informant and his brother have been found superficial simple in nature. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the lodging of the FIR by the petitioners' side against the informant side and the nature of accusation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the
Patna High Court Cr.Misc. No.27123 of 2016 (2) dt.04-07-2016 3/3 learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Bairgachhi) P.S. Case No. 271 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T