Bittu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48985 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- KOTWA District- East Champaran ====================================================== BITTU PASWAN S/o Rajdeo Paswan @ Rajdeo Paswan @ Rajdeo Hajara Resident of Village- Karariya, Tateh Tola, P.S.- Kotwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Kotwa P.S. Case No. 151 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354B, 379 and 302 of the Indian Penal Code. As per FIR petitioner and other accused persons tried to outrage the modesty of sister of the informant and also torn her clothes and further allegation is that co-accused persons assaulted the father of informant severely, due to which he died in PMCH during course of treatment.

Submission of learned counsel for the petitioner is that there is no allegation against the petitioner and there is case and counter case between the parties and there is delay of three days in lodging the FIR.

Patna High Court CR. MISC. No.48985 of 2019(4) dt.18-10-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail stating that in the FIR there are allegations against the petitioner, as such he does not deserve anticipatory bail.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He is directed to surrender in the court below and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T