Partly allowed

Posan Paswan and Ors. v. The State Of Bihar

Patna HC21 Dec 2018CR. MISC./75972/2018

Case brief

AI extract

What is this about?

Single judge order affirming rejection of anticipatory bail for the principal accused (Posan Paswan) but granting bail to two other petitioners (Mahwa Devi and Ganga Paswan) in a criminal case involving rape and snatch, subject to bond conditions.

What did the court decide?

Anticipatory bail rejected for Posan Paswan; granted for Mahwa Devi and Ganga Paswan on bond of Rs. 10,000 each with two sureties.

Posan Paswan and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.75972 of 2018

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Arising Out of PS. Case No.-79 Year-2018 Thana- PURNAHYA District- Sheohar

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======================================================

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Posan Paswan S/o Ganga Paswan

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Mahwa Devi W/o Arjun Paswan

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Ganga Paswan S/o Asharfi Paswan. All are Resident of Village- Barahi Mohan, P.S. Purnahia, District Sheohar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Uday Kumar For the Opposite Party/s : Mr.Ram Anurag Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 21-12-2018 Heard both sides.

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The petitioners apprehend their arrest in Purnahia P.S. Case No.79 of 2018 registered under Sections 323, 341, 354, 354(A), 354(B), 379 and 34 of the Indian Penal Code.

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The informant alleged that Posan Paswan who was inebriated dashed the sister-in-law of the informant with his motorcycle and when the informant inquired, Posan Paswan striped the cloths of his sister-in-law with the help of Naresh Paswan and wife of Arjun Paswan.

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The learned counsel for the petitioners submits that some altercation took place and for that on account of village politics, this case has been lodged making false allegation.

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It appears that there is specific allegation on Posan

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Patna High Court Cr.Misc. No.75972 of 2018(2) dt.21-12-2018 2/2

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Paswan that it was he who was driving motorcycle after taking liquor and dashed the sister-in-law of the informant. When the petitioner No.1 was asked about the accident, he striped the cloths of sister-in-law of the informant.

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Considering the facts aforesaid, I am not inclined to enlarge the petitioner No.1 on anticipatory bail. Accordingly, the same is rejected.

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So far the case of Mahwa Devi and Ganga Paswan, petitioner Nos.2 and 3 are concerned, taking into consideration the facts and nature of allegation made against the petitioner Nos.2 and 3, petitioner Nos.2 and 3, named above, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sheohar, DistrictSheohar in connection with Purnahia P.S. Case No.79 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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Saurabh/- U T

Posan Paswan and Ors. v. The State Of Bihar

Case brief

What is this about?

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Posan Paswan and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

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