Lakhan Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47549 of 2014 Arising Out of PS.Case No. -120 Year- 2013 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Lakhan Paswan, son of Late Ramadhari Paswan.

2. Raja Paswan, son of Late Ramadhari Paswan.

3. Guddu Paswan, son of Lakhan Paswan.

4. Kanchan Paswan, son of Lakhan Paswan.

All residents of village- Karamdih, P.S.- Nabinagar, DistrictAurangabad (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------ 30-04-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nabinagar P.S. Case No.120 of 2013 registered under Sections 448, 341, 323, 324, 307 and 504/34 of the Indian Penal Code. The accusation is that the petitioners armed with 'Tangi' and 'Lathi' came at the door of the informant, Basudeo Ram, and started abusing him. When the wife of the informant made protest, the petitioner, Lakhan Paswan, assaulted her with 'Tangi' causing injury on her head whereas the petitioners, Raja Paswan and Guddu Paswan, assaulted her with lathi shouting to kill her. It is also alleged that the

Patna High Court Cr.Misc. No.47549 of 2014 (2) dt.30-04-2015 2/2 petitioner, Kanchan Paswan, assaulted the wife of the informant with 'Lathi' shouting to kill her and when the informant tried to save his wife, the petitioners assaulted the informant with fists and slaps and also snatched Rs.1000/- from his pocket.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are next door neighbours of the informant and due to quarrel in between the children of both the parties, the alleged occurrence took place in which, at the time of intervention, the wife of the informant sustained injury on her head. The petitioners have falsely been implicated in this case. It is further submitted that the injury sustained by the wife of the informant on her head is simple in nature caused by hard and blunt substance.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within four weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Aurangabad, in connection with Nabinagar P.S. Case No.120 of 2013, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T