Krishna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33152 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- DINARA District- Rohtas ====================================================== 1.
KRISHNA PASWAN Son of Late Gumani Paswan Resident of Village - Maruana, P.S.- Dinara. Distt- Rohtas.
2.
Pradeep Paswan @ Pradeep Kumar Paswan Son of Krishna Paswan Resident of Village - Maruana, P.S.- Dinara. Distt- Rohtas. 3.
Malendra Paswan @ Tamatar Paswan Son of Guru Charan Paswan Resident of Village - Maruana, P.S.- Dinara. Distt- Rohtas. 4.
Kalendra Paswan @ Lakara Paswan Son of Guru Charan Paswan Resident of Village - Maruana, P.S.- Dinara. Distt- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Prakash Singh For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2021 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 registered under Sections 341, 323, 324, 379, 354, 504, 307/34 of the Indian Penal Code and 27 of the Arms Act. Prosecution case in short is that the informant woke up from the sound caused by the fall of something. It is further case
Patna High Court CR. MISC. No.33152 of 2020(2) dt.23-02-2021 2/3 of the informant that while the informant and her daughter went to see, all the accused petitioners along with others caught both of them with an intent to commit rape upon them. The gold chain of the informant is said to have been snatched away. Firing was also made. One of the accused assaulted Tej Narayan Singh as a result of which, he sustained head injury. 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 been made accused in the present case due to mistake of fact. The nature of injury is said to be simple. Only one injury on the leg of the informant is said to be grievous. The said injury is on the non-vital part of the body. No offence u/S 307 of the Indian Penal Code is made out. 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 of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, 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 Sub
Patna High Court CR. MISC. No.33152 of 2020(2) dt.23-02-2021 3/3 Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dinara P.S. Case No. 38 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