Patna High Court - OrdersBanti Paswan & Ors vs The State Of Bihar on 20 December, 2016Author:Rajendra Kumar MishraBench:Rajendra Kumar MishraIN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.53558 of 2016
                  Arising Out of PS.Case No. -471 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR)
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                 1. Banti Paswan, Son of Sushil Paswan.
                 2. Baldau Paswan, Son of Manshi Paswan.
                 3. Sushil Paswan, Son of Ramashankar Paswan.
                    All redsident of Village Belauri, P.S. Mohania, District- Kaimur at
                    Bhabua.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar

                                                         .... .... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     : Mr.
                 For the Opposite Party/s : Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER
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2   20-12-2016Let the supplementary affidavit filed on behalf of the

                 petitioners be kept on record.Heard learned counsel for the petitioners and the

                 learned A.P.P. for the State.The petitioners apprehend their arrest in connection

                 with Mohania P.S. Case No.471 of 2016/G.R. No.2527 of 2016

                 registered underSections 448,341,325,323,324,354(B)/34and307of the Indian Penal Code.The accusation is that in the evening of 29.03.2016 at

                 about 07.00 P.M., Puja Kumari, the niece of the informant,

                 alongwith other girls had gone to attend the call of nature. At thatPatna High Court Cr.Misc. No.53558 of 2016 (2) dt.20-12-20162/3time, petitioner nos.1 and 2 flashed the torch on them, then the

             niece of the informant and other girls stood up.          Thereafter,

             petitioner nos.1 and 2 assaulted the niece of informant through

             fists and slaps.          However, the dispute was pacified due to

             intervention of the villagers but on 01.10.2016, the petitioner no.3

             entered the house of the informant and caused assault to his wife

             through Bhala and Gadasa, as a result whereof she sustained injury

             in her hand and, thereafter, they assaulted the informant through

             Gadasa causing injury on his head. At that time, petitioner no.2

             and other co-accused, named in the F.I.R., caused injury to the

             elder brother and elder son of the informant.Learned counsel appearing on behalf of the petitioners

             submits that, in fact, the niece of the informant had gone to attend

             the call of nature at the Bathan of the petitioners in respect of

             which proceedings underSections 144and107of the Code of

             Criminal Procedure were going on and when the petitioners made

             protest then this false case has been lodged. Further submission is

             that there is specific allegation against the petitioner no.3 to cause

             injury at the head of the informant and hand of the wife of the

             informant but the injury, as found on the head of the informant, is

             simple in nature whereas the wife of the informant sustained no

             injury and the injuries, as found on the elder brother and elder sonPatna High Court Cr.Misc. No.53558 of 2016 (2) dt.20-12-20163/3of the informant, which are said to be caused by petitioner no.2

                  and others, are simple in nature. Further submission is that the

                  petitioners have no criminal antecedents.Having considered the facts and the circumstances of

                  the case, let the petitioners, above named, in the event of their

                  arrest or surrender by them within six weeks from today, be

                  enlarged on bail on their furnishing bail bond of Rs.10,000/-

                  (Rupees Ten Thousand) each with two sureties of the like amount

                  each to the satisfaction of the Chief Judicial Magistrate, Kaimur at

                  Bhabhua, in connection with Mohania P.S. Case No.471 of

                  2016/G.R. No.2527 of 2016, subject to the conditions laid down

                  under Section 438(2) Cr.P.C.(Rajendra Kumar Mishra, J)
    P.S./-U       T