Tempu Paswan @ Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84041 of 2023 Arising Out of PS. Case No.-237 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== 1.

TEMPU PASWAN @ PAPPU PASWAN S/o Late Babujan Paswan R/o village- Nanhku Mandal Tola, P.S.- Muffasil (Khagaria), District- Khagaria. 2.

Rina Devi W/o Tempu Paswan @ Pappu Paswan R/o village- Nanhku Mandal Tola, P.S.- Muffasil (Khagaria), District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

NONE ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-04-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Khagaria (Muffasil) PS case no. 237 of 2023, disclosing offences punishable under Sections 341, 323, 337, 354(B), 379, 307/34 of the Indian Penal Code. 3.

The prosecution story, as per the First Information Report, is that on 08.03.2023, the petitioner abused the informant and stated that he had eloped with his wife Alka Devi and kept her at an unknown place. It is alleged that on 09.03.2023, the petitioner along with other accused persons, armed with lathi, stone etc., started abusing the family members

Patna High Court CR. MISC. No.84041 of 2023(4) dt.03-04-2024 2/3 of the informant. Petitioner no. 1 misbehaved with informant's Bhabhi (sister-in-law) and torn her clothes.

4.

Learned Counsel for the petitioners submits that the present F.I.R. has been lodged on the basis of concocted story of relationship between petitioner no. 1 Tempo Paswan and the sister of informant. Learned counsel further submits that the petitioners' side has filed a counter case bearing Khagaria (Muffasil) PS case no. 256 of 2023 against the informant. He also submits that both the parties are neighbours and the allegation of outraging the modesty of informant's Bhabhi, levelled against petitioner no. 1 is only with a view to make the offence non-bailable.

5.

No one appears for the State.

6.

Regard being had to the submissions made on behalf of the petitioners and taking into consideration the nature of allegation as also the fact that case and counter case is going on between the parties, I am inclined to grant the privilege of anticipatory bail to the petitioners.

7.

This application is, accordingly, allowed.

8.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.84041 of 2023(4) dt.03-04-2024 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) PS case no. 237 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T