Premi Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20871 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Premi Paswan

2. Jagdish Paswan

3. Ram Binay Paswan All Sons of Late Prasadi Paswan

4. Hari Shankar Paswan

5. Raja Ram Paswan Both sons of Premi Paswan

6. Phulo Devi wife of Ram Binay Paswan

7. Sudha Devi wife of Jagdish Paswan, All residents of Village Ratgaon Karari, Police Station- Teghra, DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Prakash Sharma For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-07-2015 Heard the Counsel for the petitioners and the APP for the State.

All the petitioners herein have been cited as accuseds in Teghra P.S. Case No. 21 of 2015 registered under Sections 302 IPC and other minor sections of the Penal Code. Allegation is that the accused persons came to the house of the informant and tried to assault him. His wife came to save him whereafter all the accused persons indiscriminately assaulted her. The mother of the informant was also assaulted. Contention of the petitioners is that they are agnates and owing to the land dispute, the occurrence is said to have taken

Patna High Court Cr.Misc. No.20871 of 2015 (2) dt.07-07-2015 2/2 place. From the post mortem report, it would appear that the victim died of multi organ failure and internal injury was found. Mr. Dayal, APP for the State states that doctor did find internal injury on the person of the deceased. Regard being had to the allegations and the materials available on record including the impugned order, I am not persuaded to extend the privilege of anticipatory bail to petitioner nos. 1 to 5. Prayer is, accordingly, rejected. They may surrender and seek regular bail.

So far petitioner nos. 6 and 7 are concerned, they being the lady members are directed that in the event of arrest or surrender in the Court below within four weeks, the petitioners nos. 6 and 7 namely Phulo Devi and Sudha Devi are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in Teghra P.S. Case No. 21 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailers shall be the own/close family members of the petitioners.

(Kishore Kumar Mandal, J) Pankaj/- U T