Ashok Mishra @ Chhotka Babua And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51706 of 2015 ======================================================
1. Ashok Mishra @ Chhotka Babua
2. Krishna Nand Mishra @ Barka Babua Both Both sons of Late Deoman Mishra, resident of village- Derhgaon, P.S.- Dawath, District- Rohtas at Sasaram .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners seek pre-arrest bail in connection with Dawath P.S. Case No.78 of 2015 registered under Sections 341, 323 and 504 of the Indian Penal Code as well as Sections 3, 4 and 5 of the Prevention of Witch (Daain) Practices Act. It is contended that the entire allegations are false and fabricated. It is admitted in the FIR that the informant has sustained no injury. The instant FIR has been filed with ulterior motive.
On the other hand, learned counsel for the informant has vehemently opposed the application filed on behalf of petitioners.
Patna High Court Cr.Misc. No.51706 of 2015 (2) dt.09-11-2015 2/2 He has submitted that the offences alleged are serious in nature. 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 six weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajesh Kumar, Judicial Magistrate, 1st Class, Bikramganj, Rohtas at Sasarm in connection with Dawath P.S. Case No.78 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T