Awadhesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46410 of 2019 Arising Out of PS. Case No.-353 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.
AWADHESH PASWAN, aged about 28 years, gender male 2.
Dinanath Paswan @ Deena Paswan, aged about 35 years, gender male Both are sons of Jagdish Paswan 3.
Akhilesh Paswan, aged about 56 years, gender male, Son of Late Rambilash Paswan 4.
Ghanshyam Paswan, aged about 42 years, gender Male, Son of Samin Paswan All are resident of village- Sekaria, P.S.- Jehanabad (O.P.- Karouna), District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nitya Nand Neeraj For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-07-2019 Heard both sides.
The petitioners apprehend their arrest in Jehanabad P.S. Case No.353 of 2019 registered under Section 307 and other Sections of the Indian Penal Code.
The informant disclosed that she willingly married with Hariom Kumar with the consent of her parents. After marriage when she went to village Sikaria, Awadhesh Paswan(brother-in-law of the informant), husband of her second sister, objected the marriage. When her husband and mother-inlaw entered into the house, the informant alleged that the
Patna High Court CR. MISC. No.46410 of 2019(2) dt.26-07-2019 2/3 petitioners indiscriminately assaulted them.
The learned counsel for the petitioners submits that Awadhesh Paswan is non else than the brother-in-law of the informant. Some altercation took place between two sides but no indiscriminate assault was made. From perusal of the injury report(Annexure 2 series), it would appear that Baldeo Paswan received two abrasion injuries and one swelling which are superficial and simple in nature. Similarly Praduman Kumar also got one lacerated injury on left side of his head. Rajmani Devi got one lacerated wound which is superficial and simple in nature. The brother-in-law, Awadhesh Paswan is said to have objected the marriage of his sister-in-law and for that both sides entered into scuffle. No offence under Section 307 is made out.
Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that injuries found are simple in nature, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S.
Patna High Court CR. MISC. No.46410 of 2019(2) dt.26-07-2019 3/3 No.353 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T