Surya Deo Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66413 of 2018 Arising Out of PS. Case No.-37 Year-2015 Thana- KASMA District- Aurangabad ======================================================

1. Surya Deo Yadav

2. Dharam Deo Yadav Both are the sons of Sukhari Yadav

3. Surendra Yadav @ Sulendra Yadav

4. Birendra Yadav @ Bilendra Yadav @ Birendra Kumar Yadav

5. Upendra Yadav All are the sons of Dharamdeo Yadav, all are the resident of Village-Masaundha,P.S. Kasma, Distt.-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kasma P.S. Case No.37 of 2015 registered for the offence punishable under Sections 341, 323, 448, 379, 504, 506 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, 1999. It is submitted by the learned counsel for the petitioners that the allegation against the petitioners that they caught hold of son of the informant and told him that his mother is a witch and father is ojha is false. It is further contended that no physical or mental torture was committed by the petitioners

Patna High Court Cr.Misc. No.66413 of 2018(2) dt.14-12-2018 2/2 either upon the informant or any of his family members, but a false case has been instituted by the informant owing to some dispute of trivial nature.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. Considering the nature of allegation and plea taken by the petitioners that they are men of clean antecedent, in the event of arrest or surrender in the court below within a period of six weeks, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Kasma P.S. Case No.37 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T