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Patna High CourtCR. MISC./32225/2017bail granted

Suresh Paswan And ANR v. The State Of Bihar

2017-08-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32225 of 2017 Arising Out of PS.Case No. -188 Year- 2016 Thana -JHAJHA District- JAMUI ======================================================

1. Suresh Paswan son of Late Ramchandra Paswan, resident of VillageAmbedkar Nagar (Jhajha) P.S. Jhajha and District- Jamui.

2. Akash Paswan, son of Suresh Paswan, resident of village- Ambedkar Nagar (Jhajha) P.S. Jhajha and District - Jamui. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/ : Mr. Sri Amrendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Jhajha P.S. Case No. 188 of 2016, registered for the offence punishable under Section 302/34 of the Indian Penal Code. Submission is of false allegation and that the police after investigation found the case true against Sapna Kumari and submitted final report against the petitioners and others. Learned C.J.M. after differing with the police report took cognizance under Sections 302 and 304 of the I.P.C. Although, the police has submitted final form against the petitioners and others and, as such, petitioners are apprehending their arrest of detention after surrender. Similarly situated co-accused namely Sanjay Paswan

Patna High Court Cr.Misc. No.32225 of 2017 (3) dt.21-08-2017 2/2 and Suraj Paswan have already been allowed bail vide Cr. Misc. No. 31463 of 2017 by another co-ordinate bench of this Court and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that after completing investigation final form was submitted against the petitioner.

In the facts and circumstances as stated above, the petitioners also in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, in connection with Jhajha P.S. Case No. 188 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T