Suresh Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.10251 of 2016 (2) dt.08-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10251 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Suresh Paswan Son of Late Sipahi Paswan, Resident of Village- Kalyanpur, P.S.- Biddupur, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Alok Kumar Alok, Advocate For the Opposite Party : Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bidupur P.S. Case No. 68 of 2015 for the offences instituted under Sections 341, 323, 354, 504, 506, 447, 448 and 302/34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner and his family members is that they assaulted the informant and his mother with lathi and danda due to which his mother died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The postmortem report does not support the allegation made in the FIR. As per the FIR,

Patna High Court Cr.Misc. No.10251 of 2016 (2) dt.08-04-2016 specific allegation of assault has been alleged but from perusal of the postmortem report, it appears that there is no external injury on the body of the deceased. The other co-accused have been granted anticipatory bail by this Court vide Annexure-3 series. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Bidupur P.S. Case No. 68 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T