Bikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33589 of 2019 Arising Out of PS. Case No.-1 Year-2018 Thana- COMPLAINT CASE District- Kishanganj ====================================================== 1.

Bikash Paswan, Son of Kishan Paswan Resident of Dumariya Bhatta, Paswan Tola, Shani Mandir Road, Ward No. 29, P.S.- Kishanganj, District - Kishanganj.

2.

Rajesh Paswan @ Rajesh Son of Ram Avtar Paswan Resident of Dumariya Bhatta, Paswan Tola, Shani Mandir Road, Ward No. 29, P.S.- Kishanganj, District - Kishanganj.

3.

Badal Paswan Son of Late Lalu Paswan Resident of Dumariya Bhatta, Paswan Tola, Shani Mandir Road, Ward No. 29, P.S.- Kishanganj, District - Kishanganj.

4.

Raj Kumar Paswan @ Raj Kumar Son of Shiv Lal Paswan Resident of Dumariya Bhatta, Paswan Tola, Shani Mandir Road, Ward No. 29, P.S.- Kishanganj, District - Kishanganj.

5.

Ram Avtar Paswan Son of Late Shivnandan Paswan Resident of Dumariya Bhatta, Paswan Tola, Shani Mandir Road, Ward No. 29, P.S.- Kishanganj, District - Kishanganj.

6.

Kishan Paswan Son of Late Shivnandan Paswan Resident of Dumariya Bhatta, Paswan Tola, Shani Mandir Road, Ward No. 29, P.S.- Kishanganj, District - Kishanganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar, 2.

Deepa Kumari Daughter of Jawahar Paswan Resident of Dumariya Bhatta, Paswan Tola, Shani Mandir Road, Ward No. 29, P.S.- Kishanganj, District - Kishanganj.

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 01 C of 2018, registered

Patna High Court CR. MISC. No.33589 of 2019(2) dt.22-05-2019 2/3 under Sections 323, 341, 354(B), 379 and 504 of the Indian Penal Code.

The accusation is that in course of going to school the complainant and her other friends were being teased by petitioner Nos. 1, 2 and 3. The informant/complainant gave information in that regard to her family members. Thereafter, her family members made complaint to the parents of the petitioners and an application was also given before the Officer-in-Charge, Kishanganj on 30.01.2018. On 26.02.2018, as soon as, complainant and her cousin nephew Shankar Kumar came on the road, then in the way, petitioners having armed with Fatha came there and started to cause assault Shankar Kumar and she was also pulled and they also made demand of ransom of Rs. One Lakh. At that time, other person named in the F.I.R. snatched silver chain from the neck of the complainant.

Learned counsel for the petitioners submits that, in fact, complaint case No. C-49 of 2018, under Sections 147, 307, 354, 452, 380 and 427/34 of the I.P.C. is lodged by daughter of petitioner No.6 against the family members of the complainant and others on 01.02.2018 due to that reason, the present case has been lodged only to give undue pressure. The

Patna High Court CR. MISC. No.33589 of 2019(2) dt.22-05-2019 3/3 petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. District and Sessions Judge-I-cum-Spl. Judge, Kishanganj in connection with Complaint Case No. 01 C of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T