Punit Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20334 of 2016 Arising Out of PS.Case No. -268 Year- 2015 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Punit Paswan

2. Lakshman Paswan

3. Hulash Paswan All sons of Kishuni Paswan All residents of Village Rasulpur Patti, P.S. Bhagwanpur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Bhagwanpur P.S. Case No. 268 of 2015, disclosing offences under Sections 341,323,379,211,364/34 of the Indian Penal Code. The informant's son was married with Suman Devi, niece of these petitioners. Suman Devi became traceless which led to institution of Bhagwanpur P.S. Case No. 202/14 under Sections 304(B), 201/34 I.P.C. against the informant and others. It appears that the Superintendent of Police supervised the case and he observed in his supervision note that Suman Devi was alive and she was living with Chhathu Paswan @ Chhotu Paswan.

Learned counsel for the petitioner has submitted that out of retaliation the informant filed the complaint case on the basis of which

FIR has been registered under Sections 341, 323, 379, 211, 364, 34 IPC. According to him, Suman Devi has so far not recovered nor her statement has recorded under Section 161 of 164 of the Cr.P.C. It is submitted that there is no chance that the petitioners shall be fleeing from the course of investigation of trial.

In view of the submission as above, let petitioners abovenamed in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IIIrd, Vaishali at Hajipur in Bhagwanpur P.S. Case No. 268 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U