Murari Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34499 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -RISHIUP District- AURANGABAD ======================================================

1. Murari Paswan, Son of Ram Suneshwar Paswan,

2. Krishna Paswan, Son of Ram Suneshwar Paswan, Both resident of Village- Badaka Gaon (Vishani), P.S.- Risiup, DistrictAurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Ms. Leelawati Kumari, Advocate. For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Risiup P.S. Case No. 22 of 2018 instituted for the offence under Sections 341, 323, 324, 354, 308, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is no specific allegation against the petitioners of committing assault. The petitioner No. 1 has lodged the case against the informant and others vide Risiup P.S. Case No.23 of 2018 for the offence under Sections 341, 323, 324, 379 and 307/34 of the Indian Penal Code. Subsequently, father of petitioner No. 1 has died due to assault in the aforesaid occurrence.

In the written report there is specific allegation against coaccused Suneshwar Paswan of committing assault to the informant on

Patna High Court Cr.Misc. No.34499 of 2018 (2) dt.20-06-2018 2/2 his head.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Risiup P.S. Case No. 22 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) S.Ali/- U T