Jitendra Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37975 of 2018 Arising Out of PS. Case No.-224 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ======================================================
1. Jitendra Paswan, Son of Ramdhari Paswan,
2. Vikash Paswan, Son of Jitendra Paswan, Both resident of Village Ramgarh, P.S. Bhagwanpur, District- Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar Singh For the Opposite Party/s :
Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2018 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,504,506/34 and 307 of the IPC.
The prosecution case as per the written report of Girija Paswan, submitted to the SHO, Bhabua Police Station is to the effect that the informant has performed the marriage of his younger daughter on 31.5.2017 but the eldest son Rajesh Paswan deserted the informant ten days prior to the marriage ceremony. Subsequently, after fifteen days Rajesh Paswan came and assaulted the informant, his younger son and the daughter in law. It is alleged that Rajesh Paswan was pressurizing the informant for partition of lands and stealthily transferred some
Patna High Court Cr.Misc. No.37975 of 2018(2) dt.05-07-2018 2/3 of the land in favour of others and wanted take possession of rest of the lands. When the informant was going with his younger son for treatment, on the way, the elder son Rajesh Paswan along with co-villagers including the petitioners assaulted the informant.
It is submitted by learned counsel for the petitioners that the petitioners have been roped in the present case since the elder son of the informant is friendly with them. For the occurrence of 21.3.2018, the FIR has been registered on 23.3.2018. It is further submitted that the injury has been found to be superficial simple in nature. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the accusation is specific in the FIR.
Considering the thrust of accusation against coaccused Rajesh Paswan, the elder son of the informant and the accusation not being corroborated by the medical evidence, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM,
Patna High Court Cr.Misc. No.37975 of 2018(2) dt.05-07-2018 3/3 Kaimur at Bhabua in connection with Bhabua P.S. Case No.224 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U