Sheo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33785 of 2016 Arising Out of PS.Case No. -213 Year- 2015 Thana -KARPI District- JEHANABAD ====================================================== Sheo Paswan Son of Sri Ram Chandra Paswan Resident of village - Anandgarh, P.S. Karpi ( Sahar Telpa ), District - Arwal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s : Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Karpi (Sahar Telpa) P.S. Case No. 213/15 for offences alleged under Sections 302/34 of the Indian Penal Code. Allegation is that petitioner had thrown dust upon the Bhainsur of the informant Brahmchari Nutt on 11.12.2015 at 4.00 P.M. and for this quarrel took place on 12.12.2015 in the morning and the accused persons assaulted him.
It has been submitted by the learned counsel for the petitioner that the First Information Report has been lodged after two days of the occurrence and there is no allegation against the petitioner of having inflicted any blow on
Patna High Court Cr.Misc. No.33785 of 2016 (2) dt.20-08-2016 2/3 Brahmchari Nutt, Bhainsur of the informant. He submits that no specific allegation has been levelled against this petitioner and just because he is husband of one Sanju Devi, who has been named in the First Information Report, he has been made accused. He further submits that all the named accused in the First Information Report as well as his wife Sanju Devi has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 14196 of 2016 on 15.07.2016 and Cr. Misc. No. 18664 of 2016 on 12.05.2016. It is submitted that no external injury has been found as per the post mortem report and some quarrel took place between the parties two days back. However, learned APP for the State submits that the petitioner is the husband of the named accused Sanju Devi, hence, opposes the prayer for bail.
Be that as it may, since the other co-accused have since been granted the privilege of bail, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on 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, Arwal, in connection with Karpi (Sahar Telpa) P.S. Case No. 213/15,
Patna High Court Cr.Misc. No.33785 of 2016 (2) dt.20-08-2016 3/3 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T