Vinod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34997 of 2019 Arising Out of PS. Case No.-553 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== 1.

Vinod Paswan Son of Bagar Paswan Resident of Village - Khaira Tola, P.S.- Nautan, District - West Champaran.

2.

Asha Devi Wife of Sri Vinod Paswan Resident of Village - Khaira Tola, P.S.- Nautan, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-05-2019 Heard the parties.

The petitioners have filed the instant application for anticipatory bail apprehending their arrest in connection with Nautan P.S. Case No. 553 of 2018 registered for the offences under Sections 341,323,324,504,506,354/34 of the Indian Penal Code.

The allegation as per the FIR, is that the petitioners have assaulted and abused the informant as a result of which he sustained injury on his right cheek and left hand. From the records of the case it transpires that both the parties to the dispute are neighbours, there is land dispute between them and after perusal of the case diary learned court below has opined that the offence under Section 354 is not made out. Further the Investigating Officer in this case has also

Patna High Court CR. MISC. No.34997 of 2019(2) dt.30-05-2019 2/2 submitted charge sheet.

Having heard the parties, in view of the fact there is a delay of eight days in lodging of the FIR, the investigation having already concluded and the petitioners having no criminal antecedents, I am inclined to enlarge the petitioners on bail. Let the petitioners above named surrender in the Court below within six weeks from today. In case of their arrest or surrender, the petitioners are directed to be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran in connection with Nautan P.S. Case No. 553 of 2018 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U