Gaurab Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21367 of 2017 Arising Out of PS.Case No. -200 Year- 2016 Thana -PUNPUN District- PATNA ======================================================

1. Gaurab Paswan, Son of Nageshar Paswan.

2. Shakunti Devi, W/o Nageshar Paswan.

3. Chandrakanti Devi @ Chand Kanti Devi, W/o Gaurab Paswan.

4. Samta Devi, W/o Rahul Paswan. All are residents of village - Lakchhaminiya Tola, P.S. Punpun, District - Patna. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Satish Chandra, Advocate. For the Opposite Party : Mr. Ram Bachan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Punpun P.S. Case No. 200 of 2016 for the offences instituted under Sections 147, 341, 323, 504, 498(A),494 and 506 of the IPC..

The prosecution story, in brief, is that on 19.07.2016 at 9.30 P.M. the informant lodged an F.I.R. stating therein that the petitioners assaulted the informant with Lathi-Danda as a result of which, she sustained injury. Thereafter, the villagers came and saved the informant. The reason behind the occurrence is that the husband of the informant performed second marriage. It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.21367 of 2017 (2) dt.24-05-2017 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against them. Learned counsel for the petitioners has relied upon a judgment in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Punpun P.S. Case No. 200/2016 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 S.D.J.M., Masaurhi at Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T