Akshay Paswan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41957 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -TARABARI District- ARRARIA ======================================================

1. Akshay Paswan, aged about 19 Years S/o Karamchand Paswan,

2. Tinkauri Paswan aged about 75 Years S/o Saryug Paswan, All Residents Vill.- Ghurghura, P.S.- Tarabari, District- Araria, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 The petitioners are apprehending their arrest in connection with Tarabari P.S. Case No. 08 of 2018, registered for offences punishable under Sections 341, 323, 354(B), 504, 506/34 of the Indian Penal Code.

Allegation as per F.I.R. is that co-accused Sawan Paswan molested and tried to commit rape upon the informant and when the said co-accused was caught, the petitioners came there and assaulted the aunt of the informant and rescued the co-accused Sawan Paswan.

Submission of learned counsel for the petitioners is that the allegation is against one co-accused Sawan Paswan and against these petitioners only general and omnibus allegation has been levelled. It has further submitted that all the injuries caused to the aunt of the informant are simple in nature.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.41957 of 2018 (4) dt.07-08-2018 2/2 the petitioners above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria, in connection with Tarabari P.S. Case No. 08 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

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