Prabhat Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27706 of 2018 Arising Out of PS.Case No. -377 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prabhat Kumar, S/o Late Rajeshwar Prasad,

2. Sudhir Kumar @ Sudhir Kumar Singh S/o Late Rajeshwar Prasad, Both R/o Vill.- Mahmoodpur Maujauliya P.S.- Rajepur, District- East Champaran presently at Plot No. D-28 Sector 12 Kharghar Navi P.S.- Kharghar, Mumbai-410210, Maharashtra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Paswan S/o Dhanpat Kumar, R/o Vill.- Salempur, P.S.- Rajepur , District- East Champaran.

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

For the Petitioner/s : Mrs. Soni Shrivastava For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 The petitioners are apprehending their arrest in connection with Complaint Case No. 377 (C) of 2015, registered for the offences punishable under Sections 324, 504 of the Indian Penal Code and Section 3/4 of the Prevention of Witch (Daain) Practices Act.

Allegation against the petitioner no. 1 that he came armed with revolver and petitioner no. 2 came armed with farsa and on the order of petitioner no. 1, other accused persons assaulted the complainant.

It has been submitted on behalf of the petitioners that no allegation of assault has been levelled against the petitioners rather

Patna High Court Cr.Misc. No.27706 of 2018 (2) dt.11-05-2018 2/2 the said allegations are against other accused persons and they have falsely been made accused in this case in the background of land dispute, which is evident from the F.I.R. itself. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, 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 receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate -East Champaran at Motihari, in connection with Complaint Case No. 377 (C) of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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