Subodh Paswan@Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55856 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.
SUBODH PASWAN@SUBODH KUMAR SON OF RAM LAL PASWAN RESIDENT OF VILLAGE- SIWAISINGPUR, PS -MOHIUDDIN NAGAR, DIST- SAMASTIPUR 2.
VISHANDEV PASWAN@BISHUNDEV PASWAN SON OF LATE WANSHI PASWAN RESIDENT OF VILLAGE- SIWAISINGPUR, PS -MOHIUDDIN NAGAR, DIST- SAMASTIPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 147, 148, 149, 342, 323, 324, 325, 379, 307, 504, 506 of the Indian Penal Code.
3. As per prosecution case, petitioner No. 1 is alleged to have assaulted with sawal on the eye of the informant and petitioner No. 2 assaulted the husband of the informant on his head with farsa.
4. Learned counsel for the petitioners submits that the F.I.R. has been lodged after delay of 4 days without any plausible explanation. As a matter of fact, on 03.02.2023,
Patna High Court CR. MISC. No.55856 of 2023(2) dt.29-08-2023 2/2 nephew of the informant attempted to commit rape upon the daughter of the co-accused Sukesh Paswan and informant's side assaulted the petitioners and others. In this regard, petitioner No. 1 gave application to the concerned police station but they did not lodge F.I.R., thereafter, petitioners' side filed Complaint Case No. 38 of 2023 which has been referred to the concerned police station for further investigation. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State opposes the bail application and submits that injuries caused by these two petitioners are grievous in nature.
6. Considering the nature of accusation and grievous injury, prayer for bail of the petitioners is refused. (Prabhat Kumar Singh, J) Navya/- U T