Shatrughna Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39912 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -MORE District- DARBHANGA ======================================================

1. Shatrughna Paswan Son of Ramli Paswan @ Ramlo Paswan

2. Ram Sinehi Paswan Son of Nathuni Paswan @ Bhulla Paswan

3. Bhola Paswan Son of Saribar Paswan @ Sarowar Paswan All are resident of Village- Tenua, P.S.- Moro, District- Darbhanga.

4. Ram Lalit Pandey @ Lalit Pandey Son of Raj Nandan Pandey

5. Sudhir Pandey Son of Raj Nandan Pandey Both are resident of VillageMoro, P.S.- Moro, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.

The petitioners apprehend their arrest in Moro P.S. Case No. 40 of 2015, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The informant, mother of the deceased, alleged that Rakesh Ram had illicit relation with one Pinki Devi and on account of this fact a Panchayati was held and the Panchas, namely Bhola Paswan, Shatrughan paswan, Ram Sinehi Paswan, Ram Lalit Pandey and Sudhir Pandey resolved that Sangeeta Devi, daughter of the informant would remain in her Sasural with Rakesh Ram. On the next day, the informant returned but

Patna High Court Cr.Misc. No.39912 of 2016 (2) dt.20-09-2016 2/2 immediately thereafter the daughter of the informant informed her that Rakesh Ram and Fulendra Ram assaulted her daughter and on the next day the informant came to know that her daughter died. It is submitted that the petitioners are Panchas. They never assaulted the daughter of the informant. Petitioners simply resolved that Sangeeta Devi would remain with Rakesh Ram in his house.

Considering the facts aforesaid and the fact that the petitioners are Panchas and no allegation of assault is made against the petitioners, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Darbhanga in connection with Moro P.S. Case No. 40/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T