Shiv Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41215 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shiv Paswan, son of Dhruv Paswan,

2. Sudhir Paswan, son of Ramadhar Paswan,

3. Harihar Paswan, son of Jai Lal Paswan,

4. Punjabi Paswan, son of Ruplal Paswan,

5. Nagendra Paswan, son of Bihari Paswan,

6. Jitan Paswan, son of Bhikhari Paswan, all are residents of Madhubani Ghat, Police Station - Muffasil (Motihari), District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. D. K. Tandon, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Motihari Muffassil P.S. Case No.15 of 2018 instituted for the offence under Section(s) 341, 342, 323, 354-B, 447, 504, 506Indian Penal Code and Section 4/6 of the POSCO Act.

It has been submitted that present case has been lodged as counter blast of Motihari Muffasil P.S. Case No.18 of 2018 lodged against the uncle of the informant by the wife of petitioner No.3.

Instant case has been lodged after five days of lodging of the aforesaid case levelling general and omnibus

Patna High Court Cr.Misc. No.41215 of 2018 (2) dt.13-07-2018 2/2 allegation that these petitioners attempted to outrage modesty of the informant.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Motihari Mufassil P.S. Case No.15 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the 1st, Additional Sessions Judge, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T