Maya Nand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21341 of 2023 Arising Out of PS. Case No.-468 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== Krishna Kumar Son Of Late Ram Ekbal Sah Resident Of Village - Mauja, Ward No. 12, P.S. - Raxaul, Distt. - East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/379/354B/120B and other allied sections of the Indian Penal Code. As per the prosecution case, all the FIR named accused persons and 20 to 25 unknown persons entered into the house of the informant, abused and assaulted her and family members and also dismantled the house and took away cloth worth Rs. 50 lacs.

Learned counsel for the petitioner submits that as a matter of fact, petitioner and son of informant had purchased lands adjacent to each other and for erecting boundary wall, a dispute arose between them. In order ot put pressure for settlement upon the petitioner this false case has been lodged by the informant. Police after investigation submitted charge sheet

Patna High Court CR. MISC. No.21341 of 2023(2) dt.05-07-2023 2/2 only for the offence punishable under sections 147,148,149,323,354,120B,504,506/427 of the IPC. Injuries allegedly caused by this petitioner are superficial in nature. Co-accused, with similar allegation, has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 19479/2023.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate Raxaul Motihari, East Champaran in Raxaul Police Station Case No. 468 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T