Prasad Uraon @ Ram Prasad Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12687 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- NAUHATTA District- Rohtas ====================================================== PRASAD URAON @ RAM PRASAD URAON S/o Late Karmdeo Uraon, Resident of Village-Chanodih, P.S.-Nauhatta, District-Rohtas ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Deovind Kumar Singh, Advocate For the Opposite Party :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Nauhatta P. S. Case No. 102 of 2018 registered under Sections 147, 148, 341, 323, 302, 201, 427, 447, 448, 504, 506 and 120 B of the Indian Penal Code and 3, 4 and 5 of Prevention of Witch Practices Act, 1999.

Learned counsel for the petitioner submitted that the first information report refers to two occurrences, one which had taken place on 28.08.2018 and other on 29.08.2018. On 28.08.2018, three persons, namely, Ranjan Uraon, Ramlal Uraon and Kailash Uraon are said to have assaulted the informant's mother alleging that she was practicing witch craft. On

Patna High Court CR. MISC. No.12687 of 2019(4) dt.20-05-2019 2/3 29.08.2018, on the pretext of searching the informant's mother who had disappeared since 28.08.2018, the petitioner and other accused persons came at the house of the informant. It is alleged that on that date also, the accused persons hurled abuses and damaged articles in informant's house. He submitted that as far as the petitioner is concerned, he is not at all concerned with whatever had happened on 28.08.2018. The occurrence which is alleged to have taken place on 29.08.2018 is the brainchild of the informant who has instituted the case after due deliberation and implicated several accused persons including the petitioner. He has further contended that one of the co-accused Sita Devi having identical allegation to that of the petitioner has already been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 10.05.2019 passed in Cr. Misc. No. 31227 of 2019.

On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the petitioner. However, he admitted that co-accused Sita Devi has already been granted pre-arrest bail by this Court.

Considering the submissions made above, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.12687 of 2019(4) dt.20-05-2019 3/3 the like amount each to the satisfaction of learned Judicial Magistrate-cum-Additional Munsif, Dehri, Rohtas in connection with Nauhatta P. S. Case No. 102 of 2018, subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) kanchan/- U T