Mahabir Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46235 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.
MAHABIR PASWAN Son of Late Munni Paswan Resident of VillageChaparar, at present Mirjapur, P.S.- Bahadurpur, District- Darbhanga. 2.
Arjun Paswan Son of Late Munni Paswan Resident of Village- Chaparar, at present Mirjapur, P.S.- Bahadurpur, District- Darbhanga. 3.
Santosh Paswan Son of Arjun Paswan Resident of Village- Chaparar, at present Mirjapur, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Kumar Sinha For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bahadurpur Police Station Case No.121 of 2019 registered under Sections 147, 148, 149, 447, 341, 323, 324, 307, 504, 509, 379 and 427 of the Indian Penal Code.
The accusation is that in the late evening of 22.03.2019, the informant Deepak Paswan along with his brother Niket Paswan was returning to his house from Laheriasarai. When they reached at Mirzapur Koahi Salhesh Asthan, then Rinki Devi, who is sister-in-law in their relation,
Patna High Court CR. MISC. No.46235 of 2019(2) dt.26-07-2019 2/3 stopped them to provide the sweet but they were not ready to take the sweet. Thereafter, they were confined in a room by Rinki Devi along with her husband Shital Paswan and elder brother-in-law Kishun Paswan where their associates, named in the F.I.R., including the petitioners also came and brutally assaulted them and also made demand of Rs.2,00,000/- as ransom. When the family members of the informant after receiving the information rushed to release them, then Manish Paswan caused injury at the head of the father of the informant through iron rod, whereas Dinesh Paswan caused injury at the head of the mother of the informant through iron rod. At that time, Kishun Paswan caused injury at different parts of the body of Aniket Paswan through iron rod.
Learned counsel for the petitioners submits that due to some dispute, the occurrence of "Maar-Peet" took place between the parties in which the petitioners' side also sustained injury regarding which on the basis of the fardbeyan of Kisun Paswan, Bahadurpur P.S. Case No.120 of 2019 was also instituted against the informant of the present case and others. Moreover, the injury as found on the person of the father of the informant and others is simple in nature. The petitioners have no criminal antecedents.
Patna High Court CR. MISC. No.46235 of 2019(2) dt.26-07-2019 3/3 Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Bahadurpur P.S. Case No.121 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T