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Patna High CourtCR. MISC./23673/2019bail granted

Bhairo Paswan @ Bhairo Kumar v. The State Of Bihar

2019-08-01Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23673 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

Bhairo Paswan @ Bhairo Kumar, Son of Gariban Paswan Resident of Village- Shambhopatti, P.S.- Mahua, District- Vaishali. 2.

Shiv Kumar Paswan @ Shiv Kumar, Son of Rajendra Paswan Resident of Village- Shambhopatti, P.S.- Mahua, District- Vaishali. 3.

Sunda Paswan, Son of Late Fudeni Paswan Resident of VillageShambhopatti, P.S.- Mahua, District- Vaishali. 4.

Rambabu Paswan,, aged about Son of Chandeshwar Paswan Resident of Village- Shambhopatti, P.S.- Mahua, District- Vaishali. 5.

Rajendra Paswan Son of Late Kalicharan Paswan @ Late Mandhari Paswan Resident of Village- Shambhopatti, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Mahua PS Case No. 3 of 2019 dated 02.01.2019 instituted under Sections 341/323/324/307/354/427/504/34 of the Indian

Patna High Court CR. MISC. No.23673 of 2019 dt.01-08-2019 2/3 Penal Code.

3. The petitioners along with another person are accused of assault and outraging the modesty of the daughter of the informant.

4. Learned counsel for the petitioners submitted that for the same incident the petitioners have also filed a case. It was submitted that later on the parties have also compromised the matter. In support of the same, she drew the attention of the Court to Annexure-3, which is copy of such compromise which has been signed by the parties. Learned counsel submitted that the petitioners have clean antecedent.

5. Learned APP, from the case diary, submitted that there is no injury report on record.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in Mahua PS Case No. 3 of 2019 (G.R. No. 30 of 2019), subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure,

Patna High Court CR. MISC. No.23673 of 2019 dt.01-08-2019 3/3 1973. One of the bailors shall be a close relative of the petitioners. The petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners shall also give an undertaking to the Court that they shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T