Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48971 of 2019 Arising Out of PS. Case No.-396 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

AJAY PASWAN Son of Bharat Paswan Resident of Village - Tetariya, P.S.- Udwant Nagar, Dist.- Bhojpur.

2.

Bharat Paswan Son of Chabila Paswan Resident of Village - Tetariya, P.S.- Udwant Nagar, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-08-2019 Learned counsel for the petitioners is permitted to correct the age of petitioner no. 1 as mentioned in the cause title. Heard learned counsel for the parties.

This application for anticipatory bail arises out of Udwant Nagar P.S. Case No. 396 of 2018, disclosing the offence under Sections 341, 323, 376, 354-B, 120-B, 34 of the Indian Penal Code.

The FIR has been registered under Section 156(3) of the Cr.P.C. on the basis of a complaint filed by the informant. Petitioner no. 1 is son of petitioner no. 2.

Learned counsel appearing on behalf of the petitioners has submitted that the nature of allegation made in

Patna High Court CR. MISC. No.48971 of 2019(2) dt.06-08-2019 2/2 the complaint case constituting offence under Section 376 of the IPC is highly improbable. It has further been submitted that the informant and the petitioners are agnates.

Considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in Udwant Nagar P.S. Case No. 396 of 2018, subject to the condition 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) Rajesh/- U T