Lal Bahadur Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83045 of 2023 Arising Out of PS. Case No.-403 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== 1.

LAL BAHADUR PASWAN SON OF LATE RAMAUTAR PASWAN RESIDENT OF VILLAGE- MORWA MOHANPUR, P.S.- TAJPUR, DISTRICT- SAMASTIPUR 2.

MAHOKHIYA DEVI WIFE OF LAL BAHADUR PASWAN RESIDENT OF VILLAGE- MORWA MOHANPUR, P.S.- TAJPUR, DISTRICTSAMASTIPUR 3.

AMRESH PASWAN SON OF LAL BAHADUR PASWAN RESIDENT OF VILLAGE- MORWA MOHANPUR, P.S.- TAJPUR, DISTRICTSAMASTIPUR 4.

RAJA PASWAN SON OF LATE MAHESHWAR PASWAN RESIDENT OF VILLAGE- MORWA MOHANPUR, P.S.- TAJPUR, DISTRICTSAMASTIPUR 5.

RAMLAL PASWAN SON OF LAL BAHADUR PASWAN RESIDENT OF VILLAGE- MORWA MOHANPUR, P.S.- TAJPUR, DISTRICTSAMASTIPUR 6.

SHYAMLAL PASWAN SON OF LAL BAHADUR PASWAN RESIDENT OF VILLAGE- MORWA MOHANPUR, P.S.- TAJPUR, DISTRICTSAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Tajpur P.S. Case No. 403 of 2023, registered for the offences punishable under Sections 341, 323, 324, 307, 337, 504/34 of the Indian Penal Code.

3. As per allegation, while the cousin-mother-in-law

Patna High Court CR. MISC. No.83045 of 2023(3) dt.05-03-2024 2/3 of the informant was worshiping, the petitioners came there and started abusing her. On alarm, when the informant, her bhaisur along with her family members reached there, the petitioner no. 1 called the petitioner no.3 (his son). The son of petitioner no. 1 came there and assaulted on the head of the informant causing injury, as a result of which, she became unconscious. While the other family members of the informant came to rescue, they were also assaulted.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are the persons of clean antecedents. Both the parties are agnates. There is allegation against the petitioner no. 3 is that he assaulted the informant with lathi but the injuries are simple in nature.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, especially the clean antecedents of the petitioners, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.83045 of 2023(3) dt.05-03-2024 3/3 satisfaction of learned ACJM-Ist, Samastipur in connection with Tajpur P.S. Case No. 403 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Nirmal/- U T