Mritunjay Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41198 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -AMARPUR District- BANKA ======================================================

1. Mritunjay Paswan, Son of Kailash Paswan.

2. Mithilesh Kumar, Son of Kailash Paswan.

3. Kailash Paswan, Son of Late Jhaksu Paswan.

4. Kala Devi, Wife of Kailash Paswan.

All are resident of Village- Ram Chandrapur Etahari, P.S. Amarpur, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate. For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Amarpur P.S. Case No. 70 of 2018 instituted for the offence under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. It has been submitted that both parties are agnates. There is case and counter case between them. The instant case is counter blast of Amarpur P.S. Case No. 71 of 2018 filed against the informant, her husband and two sons.

In the instant case the allegation against the petitioners is of assaulting the informant and her family members.

Patna High Court Cr.Misc. No.41198 of 2018 (2) dt.16-07-2018 2/2 The Sessions Judge has mentioned in the impugned order that all the injuries were found to be simple in nature. 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 Amarpur P.S. Case No. 70 of 2018, 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 learned Chief Judicial Magistrate, Banka, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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/- Rohit Kr.

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