Chunu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53757 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- KONCH District- Gaya ====================================================== 1.

Chunu Paswan S/o- Janki Paswan Village- Gangti (Ahiyapur) PS- Konch Dist- Gaya 2.

Bikram Kumar son of Chunnu Paswan Village- Gangti (Ahiyapur) PSKonch Dist- Gaya 3.

Prem Kumar son of Indu Paswan @ Ganesh Paswan Village- Gangti (Ahiyapur) PS- Konch Dist- Gaya 4.

Shani Kumar son of Ravindra Paswan Village- Gangti (Ahiyapur) PSKonch Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrendra Kumar son of Surendra Singh Village- Ahiyapur PS- Konch DistGaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishor Pd., Adv.

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Konch P.S. Case No. 41 of 2024 dated 23.01.2024, instituted for the offence punishable under Sections 147, 149, 341, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioners is that they tried to outrage the modesty of informant's sister. When the informant objected then all accused persons along with the

Patna High Court CR. MISC. No.53757 of 2024(2) dt.31-08-2024 2/3 petitioners assaulted on his head by means of lathi and butt of gun.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is case and counter case between the parties. Counter case bearing Konch P.S. Case No. 42 of 2024 has been lodged by the petitioners' side against informant's brother and other accused persons. It is submitted that as per case diary, injury found on the head of the informant is simple in nature, hence, Section 307 is not made out against the petitioners. It is submitted that both the sides have compromised outside the court. Lastly, it has been submitted that they have no criminal antecedent but there was one case against the petitioner no. 1 in which he has been acquitted.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Konch P.S. Case No. 41 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.53757 of 2024(2) dt.31-08-2024 3/3 two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T