Raju Paswan And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1427 of 2016 Arising Out of PS.Case No. -877 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================
1. Raju Paswan, son of Hemraj Paswan
2. Bechu Paswan, son of Purnmasi Paswan.
All of residence of Village- Mojari, P.S. Seosagar, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Lacho Devi, wife of Khobari Baitha, Resident of Village- Torani, P.S.- Sheosagar, Distt- Rohtas.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 147, 148, 323, 354A, 379, 511, 504 of the Indian Penal Code.
It is alleged that petitioners caught hold the daughter of the informant, lifted her and proceed towards canal in order to outrage her modesty. When alarm being
Patna High Court Cr.Misc. No.1427 of 2016 (2) dt.12-01-2016 raised, the petitioners escaped from the scene.
Subsequently complainant and her family members reached to the house of the petitioners and made protest, then accused persons including the petitioners assaulted the complainant, complainant's husband and her daughter by lathi and danda.
It is submitted by the learned counsel for the petitioners that for the occurrence of 02.08.2014 the complaint was filed on 04.08.2014. The petitioners are agnate of the complainant and mother of petitioner no. 2 Hemwati Devi was brutally assaulted for which Sheosagar P.S. Case No. 168 of 2014 was registered on 01.08.2014 levelling accusation under Sections 341, 323, 504/34 of the Indian Penal Code then on retaliatory measure the present case has been lodged. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the delayed lodging of the case and the case of the petitioners' side is at earlier point of time, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No. 877 of 2014, subject to conditions as laid down under
Patna High Court Cr.Misc. No.1427 of 2016 (2) dt.12-01-2016 Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T