Shankar Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37798 of 2016 Arising Out of PS.Case No. -201 Year- 2016 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Shankar Paswan , S/o Late Yugeshwar Paswan

2. Dharmendra Paswan , S/o Shankar Paswan

3. Sheela Devi @ Shila Devi, W/o Shankar Paswan, all resident of village - Karwa, Rahika , P.S. K. Nagar, District Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-09-2016 Heard Sri Pramod Kumar Mallick, learned counsel for the petitioners and learned Additional Public Prosecutor. Three petitioners, apprehending their arrest in K. Nagar P.S. Case No. 201 of 2016 registered for the offence under Section 341, 324, 307, 323, 354, 379, 504, 506/34 of the Indian Penal Code, have prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioners that from the F.I.R. itself it is evident that land dispute in between the parties was going on and as such petitioners have been implicated. He further submits that in the case diary there is no

Patna High Court Cr.Misc. No.37798 of 2016 (2) dt.16-09-2016 2/3 injury report.

After going through the F.I.R. the Court is of the opinion that it is not a case for grant of anticipatory bail so far petitioner no. 1 and 2 are concerned. Accordingly prayer for grant of anticipatory bail in respect of petitioner no. 1 and 2 stands rejected.

So far petitioner no. 3 is concerned it appears that earlier with a view to make the offence serious, allegation has been made that petitioner no. 3 forcibly snatched silver chain from the informant.

Keeping in view the fact that petitioner no. 3 is a lady and nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the petitioner no. 3 Sheela Devi @ Shila Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea / concerned court in connection with K. Nagar P.S. Case No. 201 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure.

So far prayer for grant of privilege of anticipatory bail to petitioner no. 1 and 2 is concerned, it stands dismissed with

Patna High Court Cr.Misc. No.37798 of 2016 (2) dt.16-09-2016 3/3 an observation that if within a period of six weeks from today petitioner no. 1 and 2 namely Shankar Paswan and Dharmendra Paswan appear before the court below and makes a prayer for regular bail, the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law preferably on the same day. (Rakesh Kumar, J) Praful/- U T