Mantosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71748 of 2021 Arising Out of PS. Case No.-146 Year-2021 Thana- GUTHANI District- Siwan ====================================================== 1.

Mantosh Paswan S/o- Sharda Nand Paswan, 2.

Raju Paswan S/o- Sharda Nand Paswan, Both are resident of Village - Barpalia, P.S. - Guthani, Disrict - 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. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The petitioners are apprehending their arrest in Guthani P.S. Case No. 146 of 2021 registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504,506 and 34 of the Indian Penal Code.

Allegation against the petitioner no.1 is that he had assaulted with farsa to Awadh Raj and petitioner no. 2 molested the informant and accused persons had assaulted the informant and her husband and took away jewelry and cash from her house.

Learned counsel for the petitioners submits that both

Patna High Court CR. MISC. No.71748 of 2021(2) dt.15-06-2022 2/2 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 aggressor but it was the informant side.

Learned A.P.P. for the State has opposed the prayer of anticipatory bail application of the petitioners. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest/surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of 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 the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T