Rajesh Paswan @ Rajesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53670 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- RANIGANJ District- Araria ====================================================== 1.

RAJESH PASWAN @ RAJESH KUMAR PASWAN S/o Late Garib Lal Paswan Resident of Village- Barbanna Ward No. 06, P.S.- Raniganj, DistrictAraria. 2.

Ravindra Paswan S/o Late Garib Lal Paswan Resident of Village- Barbanna Ward No. 06, P.S.- Raniganj, District- Araria. 3.

Vikram Paswan S/o Late Garib Lal Paswan Resident of Village- Barbanna Ward No. 06, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari For the Informant : Mr. Pursotam Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Raniganj P.S. Case No. 91 of 2019, disclosing the offence under Sections 341, 323, 354-B, 379, 506, 504/34 of the Indian Penal Code.

It is evident from the FIR that property dispute is in the background of the alleged occurrence and filing of the FIR. Allegedly, the accused persons entered into the informant's court-yard where some construction work was going on. They are said to have assaulted her and also taken away some jewellery. Petitioners are full brothers.

Patna High Court CR. MISC. No.53670 of 2019(2) dt.28-08-2019 2/2 Learned counsel appearing on behalf of the petitioner has submitted that inclusion of Section 354-B of the IPC is ornamental in nature.

Learned counsel appearing for the informant has vehemently opposed the prayer for anticipatory bail. However, considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned SDJM, Araria in Raniganj P.S. Case No. 91 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T