Arun Paswan @ Arun Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57032 of 2021 Arising Out of PS. Case No.-227 Year-2021 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

ARUN PASWAN @ ARUN KUMAR PASWAN Son of Bharat Paswan Resident of Village - Hajipur Kajha, P.S. - K. Nagar, District - Purnea. 2.

SANTOSH PASWAN Son of Yogendra Paswan Resident of Village - Hajipur Kajha, P.S. - K. Nagar, District - Purnea. 3.

SHAMBHU PASWAN Son of Sakun Paswan Resident of Village - Hajipur Kajha, P.S. - K. Nagar, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Bhola Prasad, Advocate Mr. Indrajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2022 Heard learned counsel for the petitioners, learned counsel for the Informant and learned APP for the State and perused the case diary.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 306, 384, 504 and 506/34 of the Indian Penal Code. Allegation against the petitioners along with other accused persons is of abetment for committing suicide. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the allegation of abetment or conspiracy does not arise so there is no offence under Section 306 of the

Patna High Court CR. MISC. No.57032 of 2021(3) dt.22-08-2022 2/2 IPC against the petitioners. He further submits that the wife of petitioner no.1 had filed a case against the son of the informant bearing K. Nagar P.S. Case No. 228 of 2021 under Sections 341, 323, 354B and 506/34 of the IPC and Sections 4/6 of the POCSO Act and Section 3(1)(r)(s)(w)(i) of the SC/ST Act. He further submits that there is no evidence to show that the petitioners abeted the deceased to commit suicide.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with K. Nagar P.S. Case No. 227 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T