Sharda Nand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70192 of 2021 Arising Out of PS. Case No.-146 Year-2021 Thana- GUTHANI District- Siwan ====================================================== 1.

Sharda Nand Paswan, S/o- Late Radha Paswan Resident of VillageBarpalia, P.S.- Guthani, District- Siwan. 2.

Kalawati Devi, W/o- Sharda Nand Paswan Resident of Village- Barpalia, P.S.- Guthani, District- Siwan.

3.

Kajal Kumari, d/o- Mantosh Paswan Resident of Village- Barpalia, P.S.- Guthani, District- Siwan.

4.

Manju Devi, W/o- Mantosh Paswan Resident of Village- Barpalia, P.S.- Guthani, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-06-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

Learned counsel for the petitioners are permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Guthani P.S. Case No. 146 of 2021 registered for the offences punishable under Sections 341, 323, 324, 307, 354,379,504/34 of the Indian Penal Code.

The allegation against petitioner no. 1 is that he had

Patna High Court CR. MISC. No.70192 of 2021(2) dt.06-06-2022 2/3 given instruction to assault the informant and the allegation against petitioner no. 2 to 4 is that they assaulted husband of informant and took away jewelry and cash from the house of informant.

Learned counsel for the petitioners submits that both parties are neighbour and there is case and counter case between the parties. The occurrence took place on 29.06.2021 but the FIR lodged on 03.07.2021 without sufficient reason of inordinate delay. He further submits that the injuries sustained by the informant side are simple in nature. He submits that the petitioner's side has also sustained injuries. Petitioners were not aggresor but it was the informant side and the main allegation is against Mantosh Paswan of farsa blow, who has already been granted bail by the lower court. Moreover, petitioner no. 2 to 4 are female.

Learned APP for the State opposed the prayer of bail application of petitioners.

Considering the aforesaid facts and circumstances, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be

Patna High Court CR. MISC. No.70192 of 2021(2) dt.06-06-2022 3/3 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Guthani P.S. Case No. 146 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T