Jai Prakash Paswan And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12750 of 2019 Arising Out of PS. Case No.-575 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

Jai Prakash Paswan, Son of Late Chandra Deo Paswan @ Basudeo Paswan @ Johi Ram R/o Mohalla- Katari , P.S- Chandauti , District- Gaya 2.

Suraj Kumar, Son of Jay Prakash Paswan R/o Mohalla- Katari , P.SChandauti , District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sheela Devi Wife of Dharmendra Kumar R/o Mohalla- Katari , P.SChandauti , District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Kumar Sinha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-03-2019 This case has come at the instance of the petitioner.

Though the petition viz. Cr. Misc. No. 12750 of 2019 was dismissed as withdrawn but in the second paragraph, wrong sections have been incorporated. In fact the Complaint Case No. 575 of 2017 was lodged under various Sections of the Indian Penal Code and Section 3/4 of the Prevention of Witch (Daain) Practices Act, 1999 but cognizance in the case was taken only under Sections 323 and 427 of the Indian Penal Code and Section 3 of the Prevention of Witch (Daain) Practices Act, 1999.

Patna High Court CR. MISC. No.12750 of 2019(3) dt.11-03-2019 2/2 It appears that this mistake was committed because of the first paragraph of the petition which does not talk about cognizance having been taken only under two Sections of the Indian Penal Code and one Section of the special Act about which reference has been made. The second paragraph of the order be therefore read as "the petitioners seek bail in anticipation of their arrest in connection with Complaint Case No. 575 of 2017 in which cognizance has been taken under Sections 323 and 427 of the Indian Penal Code and Section 3 of the Prevention of Witch (Daain) Practices Act, 1999". The order dated 05.03.2019 is modified accordingly.

The corrected order shall be uploaded forthwith. (Ashutosh Kumar, J) krishna/- U T