Khantar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78777 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- BUDHUCHAK District- Bhagalpur ====================================================== Khantar Paswan S/O Gulam Paswan R/O Village- Gauhatta, Ps. Budhuchak, Distt. Bhagalpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Vivek, Advocate For the Opposite Party/s :
Mr.Umanath Mishra, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 354, 307, 452/34 of the Indian Penal Code.
3. As per the prosecution case, on the alleged date and time of the occurrence, while the informant was sleeping in her house, all the FIR named accused persons including this petitioner entered the house and tried to press neck, mouth and nose of the informant.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. Petitioner is covillager. Allegation is general and omnibus and no specific overt act has been alleged against the petitioner. Doctor has found simple injury. Petitioner claims clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner,
Patna High Court CR. MISC. No.78777 of 2023(3) dt.19-03-2024 2/2 mentioned above, 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 the Sub Divisional Judicial Magistrate/In charge, Bhagalpur in Budhuchak Police Station Case No. 87 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T