Jayram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72398 of 2019 Arising Out of PS. Case No.-230 Year-2019 Thana- OBRA District- Aurangabad ====================================================== 1.

JAYRAM PASWAN Son of Ramdahin Paswan Resident of Village-Sihudi, P.S.-Obra, District-Aurangabad.

2.

Panna Lal Paswan Son of Ram Nandan Paswan @ Ramanand Paswan Resident of Village-Sihudi, P.S.-Obra, District-Aurangabad. 3.

Rama Nand Paswan @ Ram Nandan Paswan Son of Late Ganouri Paswan Resident of Village-Sihudi, P.S.-Obra, District-Aurangabad. 4.

Siyaram Paswan Son of Ramdahin Paswan Resident of Village-Sihudi, P.S.- Obra, District-Aurangabad.

5.

Awadh Paswan Son of Late Ganouri Paswan Resident of Village-Sihudi, P.S.-Obra, District-Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Obra P.S. Case No. 230 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code. Complaint case filed on 30.11.2018 is the basis for registration of present FIR on 16.08.2019. The occurrence is said to be of 26.11.2018 when, allegedly, the petitioners entered into the house of the informant and started assaulting the informant's husband. There is allegation against petitioner no. 2

Patna High Court CR. MISC. No.72398 of 2019(2) dt.27-11-2019 2/3 of making assault with khanti on the person of the informant's husband.

Learned counsel appearing on behalf of the petitioners has submitted that except the aforesaid allegation against petitioner no. 2, there is no specific allegation against other accused persons. He has submitted that no injury has been found to be grievous.

Considering the above submission and the fact that there appears to be some dispute relating to land leading to lodging of the complaint case, in my opinion, a case for grant of anticipatory bail is made out. This application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned SDJM, Daudnagar, Aurangabad in Obra P.S. Case No. 230 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their

Patna High Court CR. MISC. No.72398 of 2019(2) dt.27-11-2019 3/3 part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T