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Patna High CourtCR. MISC./34318/2023allowed

Ram Narayan Paswan @ Choukidar Ram Narayan Paswan v. The State Of Bihar

2023-09-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34318 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== 1.

Ram Narayan Paswan @ Choukidar Ram Narayan Paswan Son Of Late Sokhi Paswan Resident Of Village- Buwari, P.S.- Biraul, DistrictDarbhanga 2.

Balram Paswan Son Of Ram Narayan Paswan Resident Of Village- Buwari, P.S.- Biraul, District- Darbhanga 3.

Ram Prabesh Paswan @ Ram Prakash Paswan Son Of Ram Narayan Paswan Resident Of Village- Buwari, P.S.- Biraul, District- Darbhanga 4.

Bimal Paswan Son Of Phulo Paswan Resident Of Village- Buwari, P.S.- Biraul, District- Darbhanga 5.

Mohan Paswan Son Of Phulo Paswan Resident Of Village- Buwari, P.S.- Biraul, District- Darbhanga 6.

Fozi Paswan @ Raj Kishor Paswan Son Of Surat Paswan Resident Of Village- Buwari, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 450, 458, 307, 379, 380, 427, 354, 395, 325, 326, 354(B), 504, 506, 366(A), 363 of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. Allegation against the petitioners is that they abused the informant and his family members. They also

Patna High Court CR. MISC. No.34318 of 2023(4) dt.11-09-2023 2/3 threatened to commit rape with women of their family. They assaulted the women in drunken condition. They committed sexual assault with the women and the children of the family.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that occurrence took place on 16.11.2022 but the FIR has been lodged on 27.12.2022 without explaining any reasonable cause of delay. He further submits that petitioner nos. 2, 4, 5 and 6 have criminal antecedent whereas petitioner nos. 1 and 3 have no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court

Patna High Court CR. MISC. No.34318 of 2023(4) dt.11-09-2023 3/3 in connection with Darbhanga Mahila P.S. Case No. 06 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T