Sri Lal Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30829 of 2018 Arising Out of PS.Case No. -1277 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Sri Lal Paswan, Son of Sitaram Paswan, Resident of Village- Hariya Bara, P.S. Araria R.S., District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Fulo Devi @ Kohli Devi, Wife of Sugan Lal Paswan, Resident of Village- Hariyabada, P.S. Araria R.S., District Araria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate. Mr. Sanjay Kr. Sharma, Advocate Mr. Kashyap Kaushal, Advocate.
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 1277-C of 2016 instituted for the offence under Sections 341, 323, 313, 380, 504/34 of the Indian Penal Code and Section 3/4 of the Witch Act.
Learned counsel for the petitioner has submitted that the instant case is counter blast of case instituted by wife of the petitioner against the complainant and her family members on 25.06.2016 vide Araria (R.S.) P.S. Case No. 290 of 2016. It has further been submitted that the instant case has been filed after delay of eight days of the alleged occurrence.
In the instant case there is allegation against the petitioner
Patna High Court Cr.Misc. No.30829 of 2018 (3) dt.29-06-2018 2/2 that he assaulted the informant on the abdomen causing miscarriage of her pregnancy, but no Medical report has been enclosed in support of it. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 1277-C of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T