Vina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41106 of 2022 Arising Out of PS. Case No.-208 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== 1.

VINA DEVI Wife of Vinod Paswan Resident of village - Sisouna, P.S.- Pandaul, District - Madhubani 2.

Vinod Paswan Son of Late Chotte Lal Paswan Resident of village - Sisouna, P.S.- Pandaul, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagandeo Yadav, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP Mr.Bhavesh Kumar Sah, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

On 14.09.2022, this application on behalf of petitioner no.1 was withdrawn. Now it is being heard for petitioner no.2. Petitioner apprehends his arrest in a case registered for offence u/s 341, 323, 379, 307, 406, 420, 504, 506 IPC. Allegedly, the petitioner being son of the informant took three trailer bricks and Rs.17,000/- on debt from the informant but later on denied to return the same. When she again demanded bricks and nose pin, he assaulted and abused her. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.41106 of 2022(3) dt.26-09-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has no criminal antecedent. Informant is the mother of the petitioner and due to family dispute, he has been implicated in this case. F.I.R. has been lodged after six days of the occurrence and no plausible explanation has been advanced in this regard. It is itself clear from the FIR that petitioner is living separately from the informant since 3-4 years.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Pandaul P.S. Case No.208 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T