Mritunjay Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33554 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -AIRPORT District- PATNA ======================================================
1. Mritunjay Paswan S/o Ram Autar Paswan
2. Jichhu Paswan S/o Bhadai Paswan
3. Sikandar Paswan S/o Radhey Paswan
4. Dinesh Paswan S/o Radhey Paswan All residents of Village Bakharpur P.S. Pirpaiti District Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Hawai Adda P.S. Case No. 98 of 2016 registered for offences under sections 341, 323, 354, 379, 307, 34 of the Indian Penal Code.
As per allegation, Dinesh Paswan (Vaisur) and other accused persons armed with lethal weapons entered in to the house of the victim and wanted to kidnap her. Looking to their intention, she entered into the house, her husband asked the victim to withdraw the case otherwise he will not keep her with him and she will also loose her life. The parents of the victim was not there.
Patna High Court Cr.Misc. No.33554 of 2017 (2) dt.24-07-2017 Allegation has been made that the husband of the victim has taken Rs. 5,000/- and an allegation has been made that the accused persons have tried to outrage her modesty, they have also teased her aunt and assaulted her.
Learned counsel for the petitioners submits that already Section 498 case is pending against the petitioners. They are resident of Bhagalpur and wrongly the present case has been framed against them.
Looking to the entire facts and circumstances of the case, let the petitioners, namely, Mritunjay Paswan, Jichhu Paswan, Sikandar Paswan and Dinesh Paswan, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna in connection with Hawai Adda P.S. Case No. 98 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shivaji Pandey, J) Rishi/- U T