Umesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83502 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- KAJRA District- Lakhisarai ====================================================== 1.
UMESH PASWAN Son of - Baleshwar Paswan Resident of Village- Lakhna, P.S.- Kajra, District- Lakhisarai.
2.
Pappu Paswan @ Pappu Kumar Son of Ganesh Paswan Resident of VillageLakhna, P.S.- Kajra, District- Lakhisarai. 3.
Navlesh Kumar Son of Parmanand Paswan Resident of Village- Lakhna, P.S.- Kajra, District- Lakhisarai.
4.
Dheeraj Kumar Son of Arjun Paswan Resident of Village- Lakhna, P.S.- Kajra, District- Lakhisarai.
5.
Nageshwar Paswan @ Fokai Paswan @ Fokatya Paswan Son of Arjun Paswan Resident of Village- Lakhna, P.S.- Kajra, District- Lakhisarai. 6.
Kangresh Paswan Son of Baleshwar Paswan Resident of Village- Lakhna, P.S.- Kajra, District- Lakhisarai.
7.
Dinesh Paswan Son of Baleshwar Paswan Resident of Village- Lakhna, P.S.- Kajra, District- Lakhisarai.
8.
Sarjan Paswan Son of Arjun Paswan Resident of Village- Lakhna, P.S.- Kajra, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-06-2020 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Kajra P.S. Case No. 61 of 2019, disclosing the offence under Sections 448, 341, 323, 308, 379, 504, 506/34 of the Indian Penal Code.
Eight persons, who are named in the FIR, have filed
Patna High Court CR. MISC. No.83502 of 2019(3) dt.30-06-2020 2/3 the present application. The FIR was registered on 20.07.2019 in respect of an occurrence said to have taken place on 18.07.2019. Allegedly, all the persons, who are family members, entered into the informant's house and at the point of pistol took away certain valuables. It is alleged that the informant's husband was assaulted in his head with an iron rod causing injury.
Learned counsel appearing on behalf of the petitioner has drawn my attention to the statement made in paragraph 7 of the application to submit that wife of Umesh Paswan had got registered Lakhisarai Mahila P.S. Case No. 17 of 2019 for outraging her modesty against the informant's husband. Lodging of the present case is a counter-blast, he contends.
On careful perusal of the FIR, there is no apparent reason why there has been delay in lodging of the FIR. Considering the above, 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 Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.83502 of 2019(3) dt.30-06-2020 3/3 Lakhisarai in Kajra P.S. Case No. 61 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 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