Sani Paswan @ Sanidayal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33586 of 2018 Arising Out of PS.Case No. -303 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Sani Paswan @ Sanidayal Kumar S/o Raj Kapur Paswan, R/o Vill.- Sirsa Barwa Tola, P.O.- Sirsa Colony, P.S.- Motihari (Muffasil), Distt.- E. Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Priyadarshi Matri Sharan For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2018 The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 303/2016, G.R. No.3980/2016 registered for offences punishable under Sections 147, 148, 341, 323, 354, 436, 504 and 506 of the Indian Penal Code. Allegation as per F.I.R. is that petitioner and other accused persons came variously armed and thrashed the informant on the ground and thereafter petitioner came over her chest and torn her cloths and there is also allegation against other accused person of setting the house on fire.

Submission of learned counsel for the petitioner is that there is case and counter case also lodged by the defence side and in order to save their skin, the present case has been filed. It has

Patna High Court Cr.Misc. No.33586 of 2018 (3) dt.03-08-2018 2/3 further submitted that allegation of setting the house on fire is against other accused person.

Heard learned A.P.P. also.

Having heard both sides, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Muffasil P.S. Case No. 303/2016, G.R. No.3980/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (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 cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without

Patna High Court Cr.Misc. No.33586 of 2018 (3) dt.03-08-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T