Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54245 of 2024 Arising Out of PS. Case No.-110 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== 1.

SANJAY PASWAN S/O SURESH PASWAN NAYA TOLA (MAHTO POKHAR), MABBI, P.S- SADAR (MABBI O.P.), DISTT.- DARBHANGA. 2.

CHHOTU PASWAN S/O SURESH PASWAN NAYA TOLA (MAHTO POKHAR), MABBI, P.S- SADAR (MABBI O.P.), DISTT.- DARBHANGA. 3.

PANKAJ PASWAN @ PANKAJ KUMAR PASWAN @ PANKAJ KUMAR S/O SURESH PASWAN NAYA TOLA (MAHTO POKHAR), MABBI, P.SSADAR (MABBI O.P.), DISTT.- DARBHANGA. 4.

SURESH PASWAN S/O LATE RAM SWAROOP PASWAN NAYA TOLA (MAHTO POKHAR), MABBI, P.S- SADAR (MABBI O.P.), DISTT.- DARBHANGA.

5.

MUKESH PASWAN S/O Late RAMDEV PASWAN NAYA TOLA (MAHTO POKHAR), MABBI, P.S- SADAR (MABBI O.P.), DISTT.- DARBHANGA.

6.

VIJAY PASWAN S/O LATE RAM SWAROOP PASWAN NAYA TOLA (MAHTO POKHAR), MABBI, P.S- SADAR (MABBI O.P.), DISTT.- DARBHANGA.

7.

HARIHAR PASWAN @ HARINDRA PASWAN S/O LATE RAM SWAROOP PASWAN NAYA TOLA (MAHTO POKHAR), MABBI, P.SSADAR (MABBI O.P.), DISTT.- DARBHANGA. 8.

MANOHAR PASWAN S/O LATE SADHU PASWAN NAYA TOLA (MAHTO POKHAR), MABBI, P.S- SADAR (MABBI O.P.), DISTT.- DARBHANGA.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ANJALI DEVI W/O RAM BABU RAM NAYA TOLA (MAHTO POKHAR), MABBI, P.S- SADAR (MABBI O.P.), DISTT.- DARBHANGA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Patna High Court CR. MISC. No.54245 of 2024(4) dt.14-11-2024 2/3 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 376, 511, 354(B), 323, 324, 504, 506/34 of the IPC and 3, 4 and 8 of POCSO Act. 3.

As per the prosecution case, one Deepak Kumar Paswan entered into the courtyard of the informant and tried to establish physical relation with her daughter. On alarm, he fled away and thereafter, threatened the informant to make the naked photograph of her daughter viral. It is further alleged that, the petitioners appeared armed variously before the informant and assaulted her and her husband.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. From bare perusal of the F.I.R., it is clear that the specific allegation is against the co-accused Deepak Kumar Paswan and the petitioners being his family, have been implicated in this case. There is no specific overt act against the petitioners. Further, the petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event

Patna High Court CR. MISC. No.54245 of 2024(4) dt.14-11-2024 3/3 of their 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) each 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 Mahila P.S. Case No.110 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T