Adhik Paswan @ Adhiklal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19165 of 2016 Arising Out of PS.Case No. -428 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================
1. Adhik Paswan @ Adhiklal Paswan Son of Late Shree Paswan Resident of Village - Pagra Purwari Tole, P.S. - Dalsingsarai, District - Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aaruni Singh For the Opposite Party/s : Mr. Ajit Kumar(App) For the Informant : Mr. Dilip Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State as well as learned counsel appearing on behalf of Opposite party No.2.
This application for anticipatory bail arises out of Dalsingsarai P.S. case No. 428 of 2015, disclosing offences under Sections 341,323,379,436,448,354 & 504/34 of the Indian Penal Code.
From the First Information Report, it appears that because of some petty dispute between the parties, an altercation took place between them. It is alleged that the petitioner and other co-accused persons assaulted the informant, snatched her golden
chain and set her house on fire.
Learned counsel for the petitioner has submitted that prior to institution of the present First Information Report, the petitioner had lodged an FIR in the year 2014 in which husband of the informant is an accused. He has further submitted that the petitioner will not flee away from the course of investigation or trial or shall present himself before the police and the Court as and when required.
Learned counsel for the informant has vehemently opposed the prayer for anticipatory bail.
However, considering the genesis of the occurrence and submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner above-named in the event of his 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 Additional Chief Judicial Magistrate, Samastipur in Dalsingsarai P. S. Case No. 428/2015, 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 petitioner shall present himself before the police/Court, as the case may be, as and
when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U