Session Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46294 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

SESSION PASWAN Son of Late Jitu Paswan Resident of Village- Sattjauri (Santnagar), P.S.- Goradih, District- Bhagalpur. 2.

Kunal Paswan @ Kunal kumar Paswan Son of Session Paswan Resident of Village- Sattjauri (Santnagar), P.S.- Goradih, District- Bhagalpur. 3.

Kishore Paswan Son of Shiv Narayan Paswan @ Narayan Paswan. Resident of Village- Sattjauri (Santnagar), P.S.- Goradih, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anita Kumari Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman For the Informant Mr. Vivekanand Vivek ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Jagdishpur (Goradih) P.S. Case No. 113 of 2019, disclosing offences under Sections 341, 323, 307, 379, 354B and 504/34 of the Indian Penal Code.

It is alleged in the FIR that the informant had gone to the matrimonial home of his daughter for resolution of the dispute between her daughter and inlaws. Allegedly, the persons named in the FIR, who are in-laws of the informant's daughter, assaulted the informant and his wife variously.

Patna High Court CR. MISC. No.46294 of 2019(2) dt.26-07-2019 2/3 Learned counsel for the informant, opposing the prayer for grant of anticipatory bail, has submitted that there is allegation against petitioner no. 1 of having pressed the neck of the informant, who is an old man. Learned counsel for the petitioners, on the other hand, has submitted that the allegations made in the FIR are highly improbable and it is because of the family dispute that the FIR has been registered.

Considering the background, in which the occurrence is said to have taken place, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No. 113 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required

Patna High Court CR. MISC. No.46294 of 2019(2) dt.26-07-2019 3/3 and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T