Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38704 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.

MUKESH PASWAN Son of Nagendra Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran. 2.

Munna Paswan Son of Nagendra Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran.

3.

Rinku Kumari Daughter of Nagendra Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran. 4.

Sumani Devi Wife of Mukesh Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran.

5.

Pratima Devi Wife of Munna Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran.

6.

Rukmani Devi Wife of Nagendra Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran.

7.

Sitaram Paswan Son of Dukhit Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran.

8.

Devlal Paswan Son of Sitaram Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran.

9.

Sumanti Devi @ Sugandhi Devi Wife of Devlal Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran. 10.

Bashisht Kumar Son of Devlal Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran.

11.

Sindhu Kumari Daughter of Devlal Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran. 12.

Indu Kumari Daughter of Devlal Paswan Resident of Village - Mathurapur, P.S.- Pipra, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences

Patna High Court CR. MISC. No.38704 of 2019(2) dt.01-07-2019 2/3 alleged under Sections 147, 148, 149, 341, 323, 307324, 380, 328,452, 504, 506, 34 IPC registered in connection with Pipra P.S. Case No. 40/2019.

3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. The accusations are general and omnibus and the injuries are simple in nature save and except injury sustained on the right hand of the informant in respect of which opinion has been kept reserved. Such injury is attributable to Rukmani Devi, petitioner no. 6, who is a lady of advanced age of about 60 years. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, East Champaran at Motihari in connection with Pipra P.S. Case No. 40/2019 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners.

ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner nos. 1, 2, 7, 8 and 10 shall remain physically present and the petitioner nos. 3, 4, 5, 6, 9, 11 and 12 shall be

Patna High Court CR. MISC. No.38704 of 2019(2) dt.01-07-2019 3/3 well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T