Bachche Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24128 of 2023 Arising Out of PS. Case No.-243 Year-2022 Thana- LADANIA District- Madhubani ====================================================== BACHCHE LAL PASWAN S/O MUSHARU PASWAN Resident of villagePathrahi Tole (Sasaram), P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Ladaniya PS case no. 243 of 2022, registered for the offences punishable under Section 354(B) and other allied sections of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having entered the house of the informant on the alleged date and time of occurrence, whereafter they had assaulted the informant and her husband. As far as the petitioner is concerned, he is stated to have caught hold of the hair of the informant and pushed her on the ground, resulting in her becoming semi-nude.

Patna High Court CR. MISC. No.24128 of 2023(2) dt.24-06-2023 2/3 The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that a superficial allegation has been levelled against the petitioner herein, however, there is no injury report on record to suggest that the petitioner had assaulted the informant.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a superficial allegation is alleged to have been made against the petitioner, he is having a clean antecedent and there is no injury report on record to show that the petitioner had assaulted the informant, much less any allegation of the petitioner having assaulted the informant having been levelled, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of

Patna High Court CR. MISC. No.24128 of 2023(2) dt.24-06-2023 3/3 this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st class, Madhubani in connection with Ladaniya PS case no. 243 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T