Raju Paswan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.56940 of 2017 (2) dt.08-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56940 of 2017 Arising Out of PS.Case No. -240 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Raju Paswan, son of Sunil Paswan,

2. Sanjay Kumar @ Sanjay Paswan, Son of Ramjee Paswan,

3. Nanjee Paswan @ Nandjee Paswan, Son of Ramjee Paswan, All residents of Village Bhaluwahi, P.S. Nokha, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nokha P.S. Case No. 240 of 2017, registered under Sections 341, 323, 354, 379 and 504/34 of the Indian Penal Code. The allegation of informant is that on 07.08.2017, at 4 A.M., his wife, Indu Devi, had gone near the temple to pluck flower then Sonu Paswan started to outrage her modesty and torn her blouse. Thereafter, her wife went at the house of Sonu Paswan and made complaint. On 08.08.2017 at about 7 P.M. when his wife and daughter were returning to his house then petitioners along with three others named in the F.I.R. assaulted his wife and

Patna High Court Cr.Misc. No.56940 of 2017 (2) dt.08-12-2017 daughter and tried to outrage her modesty.

Learned counsel for the petitioners submits that in the evening of 08.08.2017 scuffle took place in between the mother of Sonu Paswan and the family members of informant, regarding which, Nokha P.S. Case No. 241 of 2017 is also instituted on 09.08.2017, but only to give undue pressure the present case has been lodged with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioners 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sasaram, in connection with Nokha P.S. Case No. 240 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T