Nagina Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34547 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -DEO District- AURANGABAD ======================================================

1. Nagina Paswan, S/o Late Krit Paswan, resident of village- Dosma, P.S.- Deo, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Leelawati Kumari, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 21-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Deo P.S. Case No.47 of 2018 instituted for the offence under Section(s) 354, 506 Indian Penal Code.

Counsel for the petitioner submits that occurrence is alleged to have taken place on 08.03.2018, whereas, First Information Report has been lodged on 08.05.2018. In the written report, informant has alleged that this petitioner was torturing the informant for last one year, but no any complaint has ever been filed by the informant earlier. Counsel for the petitioner further submits that real fact is that husband of the informant is running illegal wine business and information was given to the police. Thereafter,

Patna High Court Cr.Misc. No.34547 of 2018 (2) dt.21-06-2018 2/2 search was made and after recovery of wine a case was lodged against the husband of the informant vide Deo P.S. Case No.29 of 2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Deo P.S. Case No.47 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T