Subodh Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3057 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -RISHIUP District- AURANGABAD ======================================================
1. Subodh Paswan, son of late Tapeshwar Paswan
2. Akhilesh Paswan, son of late Tapeshwar Paswan
3. Kaleshwar Paswan, son of late Nanak Paswan
4. Lalan Paswan, son of Baleshwar Paswan
5. Sanjay Paswan, son of Baleshwar Paswan, all residents of village Matihani, P.S. Risiup, district Aurangabad .... Petitioners
Versus
The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Bindeshwar Prasad Singh, Adv. For the Opposite Party : Mr. Abhay Kumar - 1, APP 186 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2017 Heard the learned counsel for the petitioners and the State.
This is a petition for grant of anticipatory bail for offences under Sections 341, 323, 325, 308, 448, 379 and 504/34 of the Indian Penal Code and 3 and 4 of the Prevention of Witch Practices Act, 1995.
Allegation against petitioner no. 1, Subodh Paswan, is to have caused injury at the head of Shanti Devi. Since, petitioner, Subodh Paswan, had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to him.
The prayer for anticipatory bail on behalf of petitioner no. 1, Subodh Paswan, is rejected. Considering fact that other petitioners have not caused injury on any vital part of the body of the informant, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of
Patna High Court Cr.Misc. No.3057 of 2017 (2) dt.17-02-2017 2/2 Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Risiup P.S. Case No. 33 of 2016 to the satisfaction of the Chief Judicial Magistrate, Aurangabad, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √