Ajay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59897 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== AJAY PASWAN Son of Chhatri Paswan Resident of Village - Lakshmipur, P.S.- Adapur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and the learned APP for the State The petitioner apprehends his arrest in connection with Adapur P.S. Case No.67 of 2022 instituted under Sections 447,341,323,384,379,354A,354B,509,504,506 of the Indian Penal Code.
As per the prosecution story, the petitioner came to her shop and took salt and when she asked for money, was assaulted. Further, allegation of outraging her modesty. Accordingly, the FIR was lodged.
As per the submissions put forward by the learned counsel for the petitioner no such occurrence took place, he do not have criminal antecedent. The injuries have been found to be simple in nature and irrespective of the outcome of the present petition in view of the fact that the informant side has alleged
Patna High Court CR. MISC. No.59897 of 2022(2) dt.06-02-2023 2/3 injuries, the petitioner on its own would like to contribute towards the medical assistance of Rs. 10,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned court to be handed over to the informant after checking the credentials. Learned APP on the other hand opposes the prayer for anticipatory bail stating that the lady has been assaulted. Considering the aforesaid facts as also that he do not have criminal antecedent, this Court is inclined to grant him privilege of bail subject to payment of Rs.10,000/- as stated above.
Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Adapur P.S. Case No.67 of 2022 to the satisfaction of learned S.D.J.M., Raxaul at Motihari, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.59897 of 2022(2) dt.06-02-2023 3/3 (ii) the petitioner will make himself available to the police as and when required in course of investigation; (iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T