Munchun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32809 of 2020 Arising Out of PS. Case No.-161 Year-2017 Thana- GOPALPUR District- Patna ====================================================== MUNCHUN PASWAN, aged about 33 years, Male, son of Chathu Paswan, resident of Mohalla- Ramjichak, Nahar Lakh Road, P.S.- Digha, DistrictPatna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Gopalpur P.S. Case No.161 of 2017, registered for the offence under Sections 341, 323, 504 and 302/34 of the Indian Penal Code.

As per the F.I.R., the wife of the informant and the mother of the petitioner were in abusive term. It has been alleged that on 25.08.2017 at about 8:00 A.M. quarrel took place between them but, the informant intervened in the matter and stopped the quarrel but, the mother of the petitioner made a call to the petitioner and thereafter, the petitioner along with his brothers came there and started assaulting the informant side.

Patna High Court CR. MISC. No.32809 of 2020(2) dt.05-03-2021 2/2 When the father of the informant came to rescue them, the petitioner gave a fist blow on his chest, as a result of which, he became senseless. Thereafter, the father of the informant was taken to the hospital where he declared dead. Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T