Madan Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50590 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Madan Paswan, Son of Ramdeo Paswan,

2. Bilo Paswan, Son of Ramdeo Paswan,

3. Bharat Paswan, Son of Ramdeo Paswan,

4. Mukesh Paswan, Son of Parmeshwari Paswan.

5. Ramdeo Paswan, Son of Parmeshwari Paswan.

6. Amerika Devi, Wife of Ramdeo Paswan.

7. Parmeshwari Paswan, Son of Late Ramdhari Paswan.

8. Bebi Devi, Wife of Madan Paswan, All residents of Village Rajni Goth, Police Station - Murliganj, District - Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-09-2018 Petitioner no. 2 Bilo Paswan, petitioner no. 3 Bharat Paswan and petitioner no. 4 Mukesh Paswan have already been arrested in this case. Hence, their prayer for anticipatory bail has become infructuous.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376, 323, 504, 506/34 of the Indian Penal Code and Section 4 of the of the Protection of Children from Sexual Offenses Act, 2012.

Patna High Court Cr.Misc. No.50590 of 2018 (2) dt.25-09-2018 2/2 According to FIR, co-accused Sachin Kumar was in physical relation with the daughter of the informant on the pretext of marriage. When the daughter of the informant was pregnant, Sachin Kumar married with another girl. Allegation is that when the matter was complained to the family members including the petitioners, they committed abuse and assault.

Considering the nature of allegation against the other petitioners, they deserve anticipatory bail. Hence, let the petitioner no. 1 Madan Paswan, petitioner no. 5 Ramdeo Paswan, petitioner no. 6 Amerika Devi, petitioner no. 7 Parmeshwari Paswan and petitioner no. 8 Bebi Devi, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mahila (Madhepura) Police Station Case No. 53 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner no. 1, 5, 6, 7 and 8 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 1, 5, 6, 7 and 8. (Birendra Kumar, J) Kundan/- U T