Anil Paswan And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45713 of 2017 Arising Out of PS.Case No. -599 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Anil Paswan, Son of Harendra Paswan,
2. Bhola Paswan. Son of Late Pukar Paswan, Both resident of North Chirainya, P.S.- Bakhtiyarpur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sambhu Paswan, Son of Lalin Paswan, R/o Utari Chiriya, P.S.- Bakhtiyarpur, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Complaint Case No. 599 (c) of 2016 instituted for the offence under Sections 323, 354, 341 and 504 of the Indian Penal Code. It has been submitted that the instant case is a counter blast of Bakhtiyarpur P.S. Case No. 289 of 2016 lodged by one of the accused Lalit Paswan against the informant and others. In the instant case which has been registered on the basis of complaint, there is general and omnibus allegation that these petitioners attempted to outrage the modesty of the wife of the informant.
Patna High Court Cr.Misc. No.45713 of 2017 (2) dt.03-10-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Complaint Case No. 599(c) of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri M. Kumar, Judicial Magistrate, 1st Class, Barh, Distt. Patna, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners.
(Sanjay Priya, J) S.Ali/- U T