Umesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73618 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== Umesh Paswan, Son of Late Nathuni Paswan, Resident of Village- Labhri Khurd, P.S.- Kutumba, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2023 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307/34 of the Indian Penal Code.
Prosecution case, in brief, is that on the 11.05.2022, at 11:00 P.M., this petitioner was fleeing away with the cow of the informant. On raising the alarm, he assaulted the informant by means of iron rod due to which she sustained head injury. Learned counsel appearing for the petitioner submits that petitioner and informant are close relatives and due to dispute between the parties in respect of discharge of waste water, an altercation took place as a result of which this false case has been lodged against the petitioner. He next submits that
Patna High Court CR. MISC. No.73618 of 2022(2) dt.06-04-2023 2/2 the F.I.R. has been lodged after inordinate delay. Injury is simple in nature. Petitioner claims clean antecedent. Considering the aforesaid facts and simple nature of injury, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VII, Aurangabad in Kutumba P. S. Case No. 99 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T