Chandeshwar Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46466 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chandeshwar Paswan Son of Ganesh Paswan

2. Seth Paswan Son of Ganesh Paswan

3. Ranju Devi Wife of Seth Paswan All residents of Village - Madhubani, P.S. - Sangrampur, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2017 Heard both sides.

The petitioners apprehend their arrest in Sangrampur P.S. Case No. 91 of 2017 registered for the offences punishable under Sections 325, 349, 308 and other Sections of the Indian Penal Code.

The informant alleged that Chandeshwar Paswan assaulted her with sword on her head. Ranju Devi, petitioner no. 3 caught her hair and put her down on the ground and Seth Paswan, petitioner no. 2 assaulted her with Lathi which hit on her left hand and her left hand was broken. The accused persons also took away ornaments and articles from her house.

Mr. Krishna Kant Singh, learned counsel for the petitioners submits that there is counter version being Sangrampur

Patna High Court Cr.Misc. No.46466 of 2017 (2) dt.22-09-2017 P.S. Case No. 70 of 2017. The injuries are superficial and simple. The left hand of the informant was broken on account of assault made by Seth Paswan, petitioner no. 2. From the side of the petitioners also many persons were injured. There is a land dispute between the parties.

Considering the facts aforesaid Chandeshwar Paswan petitioner no. 1 and Ranju Devi petitioner no. 3 in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Additional Chief Judicial Magistrate 14th, Motihari in Sangrampur P.S. Case No. 91 of 2017, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

So far as the case of petitioner no. 2 Seth Paswan is concerned, he is alleged to have assaulted the informant with Lathi on her hand and the injury found on the left hand of the informant is grievous in nature as the bone was found fractured, I am not inclined to enlarge the petitioner no. 2 Seth Paswan on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) KKSINHA/- U T