Dev Narayan Paswan @ Deva Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31855 of 2022 Arising Out of PS. Case No.-174 Year-2020 Thana- SAKRI District- Madhubani ====================================================== 1.

DEV NARAYAN PASWAN @ DEVA PASWAN SON OF BHRASHPATI PASWAN Resident of Village-Chapura, Police Station-Sakari, DistrictMadhubani. 2.

Barun Paswan @ Varun Kumar Son of Narayan Paswan Resident of VillageChapura, Police Station-Sakari, District-Madhubani. 3.

Madan Paswan alias Sanjay Paswan Son of Deva Paswan alias Deo Narayan Paswan Resident of Village-Chapura, Police Station-Sakari, DistrictMadhubani. 4.

Jawahar Paswan Son of Deva Paswan @ Deo Narayan Paswan Resident of Village-Chapura, Police Station-Sakari, District-Madhubani. 5.

Narayan Paswan Son of Dhorai Paswan Resident of Village-Chapura, Police Station-Sakari, District-Madhubani.

6.

Ragni Devi Wife of Narayan Paswan Resident of Village-Chapura, Police Station-Sakari, District-Madhubani.

7.

Rajesh Paswan @ Rajesh Kumar Son of Narayan Paswan Resident of Village-Chapura, Police Station-Sakari, District-Madhubani. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.31855 of 2022(2) dt.01-11-2022 2/3 registered under Sections 341, 323, 324, 307, 354(B), 379, 34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons made the informant half-naked and outraged her modesty. It is also alleged that the accused persons assaulted the informant and snatched away her Mangalsutra.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The specific allegation of assault is alleged against co-accused namely, Rajesh Paswan who is said to have assaulted the victim with Farsa. There is general and omnibus allegation against rest of the accused persons including the petitioners. No specific overt act for offence under Section-307 of the Indian Penal Code is made out against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds

Patna High Court CR. MISC. No.31855 of 2022(2) dt.01-11-2022 3/3 of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Sakri P.S. Case No. 174 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T