Patna High CourtCR. MISC./56169/2015partly allowed disposal

Mahendra Paswan And ORS v. The State Of Bihar

2016-01-21Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56169 of 2015 Arising Out of PS.Case No. -306 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. Mahendra Paswan

2. Umesh Paswan

3. Mahesh Paswan All Son of Late Kailash Paswan, Resident of villageSonebarsa, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-01-2016 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a case under sections 307 and some other sections of the IPC. Learned counsel for the petitioners submits that the instant case is counter version of earlier case filed by Manwati Devi, wife of petitioner No.2. He submits that in fact the prosecution side is aggressor and they had come to the Aanganbari centre of wife of petitioner No. 2. Furthermore petitioner No.1 Mahendra Paswan also suffered injuries on his person. As per allegation Mahesh Paswan, petitioner No.3, assaulted the informant's husband with iron rod on his head. In the circumstances, prayer for anticipatory bail of

Patna High Court Cr.Misc. No.56169 of 2015 (3) dt.21-01-2016 2/2 petitioner No.3, Mahesh Paswan is refused with a direction to surrender before the court below and pray for regular bail which would be disposed of on its own merit without being prejudiced by the present order.

Having regard to the facts and circumstances of the case, let the petitioners No. 1. Mahendra Paswan and 2. Umesh Paswan, in the event of arrest/ surrender be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the lime amount each to the satisfaction of Sri Narendra Pal Singh, Judicial Magistrate 1st class, Sherghati, Gaya in connection with Barachatti P.S. case No. 306 of 2015, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Samarendra Pratap Singh, J) BKS/- U T