Saroj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49015 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================
1. Shankar Paswan Son of late Purnamasi Paswan resident of Village jaishree P.s Karakat Gorari District Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.49184 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================
1. Saroj Paswan Son of Late Purnawasi Paswan resident of village - Jaishri, P.S. Karakat, District - Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.50345 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================
1. Hare Ram Paswan Son of Kanhaiya Paswan Resident of VillageTarawan, P.s Nasriganj,District Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.49015 of 2015) For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Surendra Kumar (App) (In Cr.Misc. No.49184 of 2015) For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Kanhaiya Kishore(App) (In Cr.Misc. No.50345 of 2015) For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Ram Naresh Roy(App) ======================================================
Patna High Court Cr.Misc. No.49015 of 2015 (3) dt.30-01-2016 2/3 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 All the three Criminal Miscellaneous are of the same occurrence and as such have been heard together and are being disposed of by passing this common order.
Heard the learned counsel for the petitioners as well as the learned A.P.P for the State.
The petitioners seek bail in a case for the offence punishable under section 302/34 of the I.P.C Allegedly, for practicing witchcraft the petitioners and co-accused Anil Paswan assaulted brutally with Lathi and Danda to the father of the informant and also assaulted the informant and his handicapped sister and during treatment father of the informant died.
Submission is of false implication and that there is no specific allegation against the petitioners, the allegations are omnibus and general in nature, the petitioner Hare Ram Paswan has been implicated in this case as sorcerer (Ojha) and the petitioners are in custody since 23.03.2015 and 02.07.2015 and as such they deserve sympathetic consideration, to which the learned A.P.P. opposes by submitting that they have brutally assaulted the father of the informant with allegation that the wife of the
Patna High Court Cr.Misc. No.49015 of 2015 (3) dt.30-01-2016 3/3 deceased has practiced witchcraft causing illness to Rinku Kumari. In the facts and circumstances as stated above, considering the allegation attributed against the petitioners, serious in nature, this Court is not inclined to enlarge the petitioners on bail and accordingly their such prayer stand rejected in connection with Sessions Trial No. 434 of 2015 arising out of Karakat P.S. Case No. 48 of 2015 pending in the court of 3rd Additional Sessions Judge, Rohtas, Sasaram.
(Jitendra Mohan Sharma, J) Abhay/- U T