Deoraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44876 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== Deoraj Paswan, Aged about 35 years, Male, Son of Chandeshwar Paswan, Resident of Gulani Dihuri, P.S-Chandauti, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2019 Heard both sides.

Petitioner apprehends his arrest in Chandauti P.S. Case No.226 of 2018, registered under Sections 341, 342, 323, 354(A), 354(B), 379, 307, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that her husband was inquiring about the theft of her pumping set and starter from Baiju Paswan and others. On 20.10.2018 while she was going to her field, Baiju Paswan and others including the petitioner came and disclosed that since her husband made allegation of theft of pumping set and starter against them, they would outrage her modesty. She further alleged that the accused persons caught her and petitioner is alleged to have torn her clothes. Learned counsel for the petitioner submits that all the

Patna High Court CR. MISC. No.44876 of 2019(2) dt.23-07-2019 2/2 allegations are false and concocted. For the occurrence dated 20.10.2018, the daughter of Surendra Paswan lodged SC/ST P.S. Case No.37 of 2018 against the son of the informant and others and for that the present case has been filed. Other accused persons, namely, Baiju Paswan, Surendra Paswan and Dipak Kumar have already been granted anticipatory bail by order dated 26.03.2019, passed in Cr. Misc. No.16909 of 2019.

Taking into consideration the facts aforesaid and the fact that there is case and counter case and both sides made allegation against each other of outraging the modesty, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Chandauti P.S. Case No.226 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.