Chandan Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39102 of 2016 Arising Out of PS.Case No. -2335 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Chandan Paswan S/o Ramesh Paswan Resident of Village- Patigna Khari Tola, P.S.- Tarabari, District- Araria.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Baleshwar Singh S/o Late Abhbhi Singh Resident of Village- Patigna Khari Tola, P.S.- Tarabari, District- Araria. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-09-2016 Heard Mr. Md. Naushad Uzzoha, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Complaint Case No. 2335 of 2015, in which, cognizance order has been passed under Sections 323, 504, 379, 366/511 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

By way of referring to Annexure - 2 to the present petition, learned counsel for the petitioner submits that since a criminal case was instituted against the complainant of the present case and others by written report submitted by this petitioner, vide Tarabari P.S. Case No. 68 of 2015 dated 09-08-2015 for offence under Sections 341, 323, 379, 504, 34 of the Indian Penal Code

Patna High Court Cr.Misc. No.39102 of 2016 (2) dt.20-09-2016 2/2 and Section 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the complainant has concocted a false accusation and filed the present complaint petition, in which, it was alleged that on 01-08-2015, his minor daughter was attempted to be kidnapped by the petitioner. Besides hearing, I have perused the material on record, particularly the complaint petition as well as F.I.R., which was lodged by the petitioner i.e. Annexure - 2 to the present petition. In view of facts and circumstances, the Court is satisfied that it is a fit case for grant of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Chandan Paswan be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K.Mall, learned Judicial Magistrate, 1st Class, Araria in connection with Complaint Case No. 2335 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T