Rajkumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32342 of 2020 Arising Out of PS. Case No.-178 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJKUMAR PASWAN S/o Late Sukhdeo Paswan Resident of VillageLakho, Ward No.08, P.S.-Muffasil (Lakho O.P.), District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2021 Heard both sides.

The petitioner seeks bail in Begusarai Muffasil (Lakho O.P.) P.S. case No. 178/ 2020 registered u/s 341, 323, 324, 307, 504, 448, 506, 354, 34 of the IPC. Later on charge sheet has been submitted u/s 302 of the IPC also. The informant, Rajeev Kumar, alleged that on 30.03.2020 his niece Sakhi Kumari was returning to her house after attending the call of nature but suddenly Rajkumar Paswan, the petitioner, Bhushan Paswan, Sanjeet Paswan, Sulo Paswan, Banti Paswan and Mantun Paswan came inside the house of informant and began to abuse his niece Sakhi Kumari. The informant and mother of Sakhi Kumari objected but on the order of Rajkumar Paswan the accused person began to assault Sakhi Kumari with Khanti and iron rod. Bhushan Paswan and Banti Paswan assaulted the informant with Khanti and iron rod. The informant got injuries on his head and became unconscious. The informant got consciousness on 08.04.2020 and got his statement recorded.

Patna High Court CR. MISC. No.32342 of 2020(3) dt.12-01-2021 2/2 The learned counsel for the petitioner submits that later on Rajeev Kumar, the informant, died. The petitioner is alleged to have assaulted Sakhi Kumari with Lathi on her head but from perusal of injury report of Sakhi Kumari it would appear that she got lacerated wound and the injuries are opined to be simple in nature. The petitioner is in custody since 02.05.2020. The petitioner is not the assailant of the informant who succumbed to the injuries, during the course of treatment. Taking into consideration the fact that petitioner is not the assailant of Rajeev Kumar and he is alleged to have assaulted Sakhi Kumai, who got simple injuries, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil (Lakho O.P.) P.S. case No. 178/ 2020. (Prabhat Kumar Jha, J) BKS/- U T