Beera Paswan @ Bira Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2896 of 2024 Arising Out of PS. Case No.-272 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== 1.

BEERA PASWAN @ BIRA PASWAN S/O LATE BAGAD PASWAN VILLAGE- HARNAHI, PS. RAXAUL, DIST. EAST CHAMPARAN. 2.

CHANDAN PASWAN S/O BEERA PASWAN @ BIRA PASWAN VILLAGE- HARNAHI, PS. RAXAUL, DIST. EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Ajay Kumar Singh, Advocate For the State :

Md. Mushtaque Alam, APP For the Informant :

Mr. Abhishek Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 354B, 427, 504, 506 and 34 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act.

3. As per prosecution case, allegation against these petitioners in brief is that they, along with other accused persons, arrived at the house of the informant and assaulted the informant. It is further alleged that they also assaulted the informant's father, mother, grandfather and grand-mother by

Patna High Court CR. MISC. No.2896 of 2024(3) dt.07-03-2024 2/3 means of lathi, danda, slaps and fists, on account of which they sustained injuries.

4. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners have falsely been implicated in this case. It is next submitted that though there is allegation of assault against these petitioners, the injuries sustained by the injured has been found by the doctor to be simple in nature.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge POCSO, Motihari, East Champaran, in connection with Raxaul P.S. Case No.272 of 2023, subject to condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.2896 of 2024(3) dt.07-03-2024 3/3 the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T