Babudhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56002 of 2019 Arising Out of PS. Case No.-341 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== 1.

Babudhan Paswan, Son of Batu Paswan@ Babu Paswan Resident of VillageSamahuti, P.S.- Dinara, District- Rohtas at Sasaram 2.

Tuphani Paswan, Son of Sugun Paswan Resident of Village- Samahuti, P.S.- Dinara, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanti Devi, W/o Lal Babu Paswan R/O Vill- Samahuti, P.O.- Kund P.S.- Dinara, Distt.- Rohtas, (Bihar).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Complaint Case No.341 of 2018 for the offence punishable under Sections 323, 504, 354/34 of the Indian Penal Code. The allegation against the petitioners as per the complaint is that on the date of occurrence, when the informant gone to attend the nature call, petitioner No.2 caught hold the informant and tried to commit rape and upon halla being raised by the informant, they assaulted her by means of lathi, belt etc and snatched silver chain, golden ring etc. from the informant.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.56002 of 2019(2) dt.04-09-2019 2/2 petitioners have falsely been implicated in this case due to oblique motive inasmuch petitioners and the complainant both are covillagers and petitioners used to prevent the complainant from selling illicit liquor and due to which the present complaint has been lodged against the petitioners.

After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioners are co-villagers and the allegation against the petitioners are not serious in nature, as such, I am inclined to grant anticipatory bail to all these petitioners. Accordingly, all the petitioner, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj, Rohtas, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T