Rajeshwar Paswan @ Rajeshar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79757 of 2024 Arising Out of PS. Case No.-82 Year-2012 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Rajeshwar Paswan @ Rajeshar Paswan S/o- Mogal Paswan VillageSalonachak, P. S. - Lakhisarai, District- Lakhisarai. 2.

Triveni Paswan @ Tiro Paswan S/o- Rameshwar Paswan VillageSalonachak, P. S. - Lakhisarai, District- Lakhisarai. 3.

Indradeo Paswan S/o- Rameshwar Paswan Village- Salonachak, P. S. - Lakhisarai, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Lakhisarai P.S. Case no. 82 of 2012 instituted for the offence under Sections 448, 376, 504 and 34 of the Indian Penal Code.

3. The case of the prosecution is that one Bhukhan Paswan has committed rape with the informant. After the

Patna High Court CR. MISC. No.79757 of 2024(2) dt.28-11-2024 2/3 occurrence, when the informant, her grand-father and also his younger brother, Krishna Kumar went to complaint, it is alleged that the petitioners abused them.

4. Learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated in connection with the present case. It has been argued by the learned counsel for the petitioners that the main thrust of allegation is against Bhukan Paswan and not against these petitioners. The only allegation against these petitioners is that they abused them. Further submission is that they have no criminal antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Lakhisarai P.S. Case no. 82 of 2012, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,

Patna High Court CR. MISC. No.79757 of 2024(2) dt.28-11-2024 3/3 1st, Lakhisarai, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T