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Patna High CourtCR. MISC./78671/2018bail granted

Nathuni Paswan And ORS v. The State Of Bihar

2019-01-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78671 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- WARISNAGAR District- Samastipur ======================================================

1. Nathuni Paswan son of Late Maksudan Paswan.

2. Gango Paswan, son of Mushar Paswan. Both Resident of VillageChhatneshwar, P.S. Warisnagar, District- Samastipur.

3. Mohammad Muslim, son of Mohammad Sikandar, Resident of VillageRaypur, P.S. Warisnagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 This application, for grant of anticipatory bail, arises out of Warisnagar P.S. Case No. 211/18, disclosing offences under Sections 447, 341, 323, 354/34 of the Indian Penal Code.

Allegation against the petitioners and other accused persons is that they came to the house of the informant and thrashed the informant on the cot and torn her clothes and on alarm father in law came for her rescue and he was also assaulted by the petitioners.

Submission of learned counsel for the petitioners is that prior to the present case lodged by the informant, petitioner no. 3 has lodged a case against the informant and others being

Patna High Court Cr.Misc. No.78671 of 2018(2) dt.10-01-2019 2/2 Warisnagar P.S. Case No. 182/18 for assaulting the family members of the informant and due to which, the present false case has been lodged by the informant and no such occurrence as alleged in the F.I.R by the informant has ever taken place. Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Warisnagar P.S. Case No. 211/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T