Sanjay Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18398 of 2017 Arising Out of PS.Case No. -1049 Year- 2014 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ====================================================== Sanjay Paswan, S/o Late Kamleshwari Paswan, Resident of VillageHaripurkala, P.S. Murliganj, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shila Devi, W/o Hirdi Paswan, Resident of Village- Haripurkala, P.S. Murliganj, District- Madhepura.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Sri Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1049C/2014 (C 5228/2014) filed for offences punishable under Sections 323, 324, 341, 354 and 504/34 of the Indian Penal Code.

The allegations against the petitioner is of assault and disrobe the informant.

However, it has been submitted on behalf of the petitioner that there is delay of 24 days in filing the complaint petition and further the petitioner is Choukidar of the village and there was some dispute between the parties, as such, the petitioner has been falsely implicated in this case which will appear from

Patna High Court Cr.Misc. No.18398 of 2017 (2) dt.04-05-2017 2/3 perusal of the complaint petition itself.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Madhepura in connection with complaint case No. 1049C/2014 (C 5228/2014), subject to conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner shall not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.

Patna High Court Cr.Misc. No.18398 of 2017 (2) dt.04-05-2017 3/3 With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T