Ashok Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42670 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -MAHILA PS District- BUXAR ======================================================

1. Ashok Kumar, Son of Lal Babu Pasi.

2. Lal Babu Pasi, Son of Late Chhathu Pasi.

3. Bhagiratho Devi, Wife of Lal Babu Pasi.

All Residents of Village - Chugian, P.S. - Murar, District - Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------- 12-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Buxar (Mahila) P.S. Case No.21 of 2015 registered under Sections 448, 341, 323 and 354(B)/34 of the Indian Penal Code. The accusation is that the petitioner no.1 seeing the informant, Punam Kumari, alone in her house, entered into her house, caught hold her and asked her for bad work. When the informant made protest, the petitioner no.1 forcibly tried to do the same. When the informant raised voice, petitioner no.1 fled away from there. In the evening, when the mother of the petitioner no.1

Patna High Court Cr.Misc. No.42670 of 2015 (2) dt.12-10-2015 2/3 was going towards the new house of the informant from market, the father of the informant asked her that the mother of Punam is calling you and when she reached there, the mother of the informant narrated the story to her. Thereafter, in the evening, the mother of the petitioner no.1 alongwith him came to the house of the informant and both started quarrel with her parents and petitioner no.1 putting the hand on the neck of the father of the informant gave threatening to kill him.

Learned counsel appearing on behalf of the petitioners submits that petitioner nos.2 and 3 respectively are father and mother of the petitioner no.1 and there is no specific allegation against them. The specific allegation to caught hold the informant and ask to do the bad work is against the petitioner no.1. In fact, the petitioners and the informant are next door neighbours and due to dispute regarding the construction of drainage, there was hot exchange of words in between them and only to put pressure upon the petitioners, the informant lodged this false case. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.42670 of 2015 (2) dt.12-10-2015 3/3 satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar (Mahila) P.S. Case No.21 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T