Bindeshwari Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46475 of 2014 Arising Out of PS.Case No. -135 Year- 2014 Thana -BIRPUR District- SUPAUL ======================================================

1. Bindeshwari Paswan S/o Late Palakdhari Paswan

2. Harinandan Paswan S/o Late Yoshdhar Paswan

3. Binod Paswan Son of Harinandan Paswan

4. Dashrath Paswan Son of Harinandan Paswan

5. Ramchandra Paswan Son of Raghuni Paswan

6. Kuldeep Paswan Son of Bindeshwari Paswan

7. Rambilash Paswan @ Rambilash Paswan S/o Late Palakdha Paswan All resident of Village - Banailipatti, P.S. - Birpur, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-04-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Birpur P.S. Case No. 135 of 2014 registered for the offences punishable under sections 341, 323, 448, 354A, 504 and 506 of the Indian Penal Code as well as sections 3 and 4 of the Prevention of Witch Practices Act, 1999.

It has been contended that the petitioners have been falsely implicated in this case due to the fact that earlier a complaint case was filed vide Complaint Case No. 224C of 2014 dated 17th June, 2014 registered under section 366A of the Indian Penal Code as well as sections 3 and 4 of the Immoral Traffic Act in the court of learned Sub Divisional Judicial Magistrate, Birpur

Patna High Court Cr.Misc. No.46475 of 2014 (2) dt.10-04-2015 2/2 against the informant and others. The said complaint was referred to the police for investigation under section 156(3) of the Code of Criminal Procedure, pursuant to which Birpur P.S.Case No. 184 of 2014 was registered on 16th September, 2014. It has further been contended that this case has been instituted in order to put pressure on the accused persons so that they may not pursue the aforesaid police case bearing Birpur P.S.Case No.184 of 2014. On the other hand, learned counsel for the State has opposed the prayer for anticipatory bail.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within four weeks from today, all the seven petitioners, namely, 1. Bindeshwari Paswan, 2. Harinandan Paswan, 3. Binod Paswan, 4. Dashrath Paswan, 5. Ramchandra Paswan, 6. Kuldeep Paswan and 7. Rambilash Paswan are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Birpur (Supaul) in connection with Birpur P.S. Case No. 135 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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