Patna High CourtCR. MISC./13643/2016bail granted

Bhikhari Chaudhary v. The State Of Bihar

2016-03-31Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13643 of 2016 Arising Out of PS.Case No. -127 Year- 2015 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Bhikhari Chaudhary Son of Late Bhuneshwar Chaudhary, Resident of village- Parsauni Khirodhar, P.s.- Parsauni, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Parsauni P.S. Case No. 127 of 2015 registered under section 376 of the Indian Penal Code.

It is contended that the present case has been filed in retaliation to Parsauni P.S.Case No. 115 of 2015 dated 03.10.2015 registered under Sections 341, 323, 504, 324, 354/34 of the Indian Penal Code and Sections 4 and 6 of the Prevention of Witch Practices Act, which was instituted on the basis of written report submitted by the wife of the petitioner against the complainant, her husband and other family members. It is further contended that the petitioner has got roots in the society and is a man of

Patna High Court Cr.Misc. No.13643 of 2016 (2) dt.31-03-2016 2/2 clean antecedent.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner Bhikhari Chaudhary is 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, Sitamarhi in connection with Parsauni. P.S. Case No. 127 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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