Banti Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33480 of 2019 Arising Out of PS. Case No.-177 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== 1.

Banti Kumar Paswan, S/o Shubhankar Paswan, Resident of VillageRamganj, P.S.- Gwalpara, District- Madhepura. 2.

Bittu Kumar Paswan @ Bittu Kumar, Son of Shubhankar Paswan, Resident of Village- Ramganj, P.S.- Gwalpara, District- Madhepura. 3.

Shubhankar Paswan, Son of Karnesh Paswan, Resident of Village- Ramganj, P.S.- Gwalpara, District- Madhepura.

4.

Parmila Devi, W/o Bauku Paswan, Resident of Village- Ramganj, P.S.- Gwalpara, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Gwalpara P.S. Case No.177 of 2018 for allegedly having committed the offence under Sections 341, 323, 354, 379, 504, 506, 34 of the Indian Penal Code. Learned counsel for the petitioners submits that two F.I.Rs. have been filed by the informant as well as her elder brother, bearing Gwalpara P.S. Case No.177/2018 dated 18.10.2018 and Gwalpara P.S. Case No.179/2018 dated

Patna High Court CR. MISC. No.33480 of 2019(2) dt.21-05-2019 2/3 19.10.2018, with regard to the same occurrence and in the second F.I.R., the informant has tried to improve upon the prosecution story. The allegations against these petitioners are that they had come and attacked the daughter of the informant and had badly beaten her up and also tried to disrobe her. However, the injury report indicates only one injury and not as many as injuries as described in the F.I.R. It is further submitted that they are next door neighbours and it is on account of the petty dispute, that the entire occurrence has taken place. He thus submits that the petitioners may be extended the privilege of anticipatory bail as save and except the present case as well as Gwalpara P.S. Case No.179 of 2018, there is no other case against the petitioners.

In view of the aforementioned facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shree Shiv Kumar, J.M.-1st Class, Uda Kishunganj, District-Madhepura, in connection with Gwalpara P.S. Case No.

Patna High Court CR. MISC. No.33480 of 2019(2) dt.21-05-2019 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T