Tetar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23208 of 2020 Arising Out of PS. Case No.-141 Year-2020 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

TETAR PASWAN Son of Narayan Paswan Resident of Village - Mahingaon Paswan Tola, Ward No. - 10, P.S.- Kishanganj, District - Kishanganj. 2.

Hirendra Paswan @ Hira Paswan Son of Narayan Paswan Resident of Village - Mahingaon Paswan Tola, Ward No. - 10, P.S.- Kishanganj, District - Kishanganj.

3.

Sanju Devi @ Sanjo Devi Wife of Hirendra Paswan Resident of Village - Mahingaon Paswan Tola, Ward No. - 10, P.S.- Kishanganj, District - Kishanganj.

4.

Sheela Devi @ Shila Devi Wife of Tetar Paswan Resident of Village - Mahingaon Paswan Tola, Ward No. - 10, P.S.- Kishanganj, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Ajay Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.23208 of 2020(2) dt.30-09-2020 2/3 The petitioners are apprehending their arrest in a case registered under Sections 147, 452, 354(B), 323 and 504 of I.P.C.

Allegation is that the accused persons including the petitioners assaulted the mother and brother of the informant and misbehaved with the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Prior to institution of the present case, a case was instituted by the accused side. Said F.I.R. is Annexure 2 to the present application. The present case has been instituted in retaliation to Annexure-2 to the present application for oblique reasons. The petitioners No.3 and 4 are ladies. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.23208 of 2020(2) dt.30-09-2020 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. case No.141 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T