Vinay Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38408 of 2018 Arising Out of PS.Case No. -136 Year- 2018 Thana -SHERGHATI District- GAYA ======================================================

1. Vinay Paswan

2. Akhilesh Paswan @ Akhlesh Paswan

3. Ashok Paswan

4. Mithlesh Paswan

5. Kundan Paswan

6. Sunita Devi @ Sumitra Devi

7. Kajal Devi

8. Sunaina Devi @ Sunauna Devi

9. Shyamdeo Paswan .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and leaned Additional Public Prosecutor of the State.

The petitioners are apprehending their arrest in connection with Sherghati (Dobhi) P.S.Case No. 136 of 2018, registered for offences punishable under Sections 341, 323, 447, 307, 379, 504 and 506/34 of the Indian Penal Code and 3⁄4 Prevention of Witch Practices Act.

The allegation against the petitioner No. 6 is of assault to the wife of the informant on her stomach and chest by brick. It is further alleged that there is allegation against petitioner

Patna High Court Cr.Misc. No.38408 of 2018 (2) dt.29-06-2018 2/3 Nos. 1 and 9 is only calling "Dian" and petitioner Nos. 2, 3 and 4 also assaulted with lathi and danda to the wife of the informant. Learned counsel for the petitioners submits that there is no allegation of theft against any of the petitioners as per the F.I.R. except petitioner No. 9 and petitioner Nos. 6, 7 and 8 are ladies and all allegations are false and concocted. Learned Additional Public Prosecutor opposes the prayer of bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Sherghati ( Dobhi) P.S.Case No. 136 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before the police as and when required, otherwise prosecution is at liberty to move for

Patna High Court Cr.Misc. No.38408 of 2018 (2) dt.29-06-2018 3/3 cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T