Ashok Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.51371 of 2014 (2) dt.14-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51371 of 2014 Arising Out of PS.Case No. -236 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== ASHOK PASWAN S/O LATE BISHUNDEO PASWAN RESIDENT OF MOHALLA KHAIRABAD, P.S. BIHAR, DISTRICT NALANDA. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Prasad Singh For the Opposite Party/s : Mr. Arvind Kumar Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihar P.S. Case No. 236 of 2014 registered under Sections 341, 323, 307 and 379/34 of the Indian Penal Code and Section 3/4 of the Prevention of Witch Practices Act, 1999.

The accusation of informant is that petitioner along with four others entered in the house of the informant and abusing filthy language and also speaking that wife of Ashok Paswan suffering from several diseases due to witch practice of informant. On making protest, Vikki Paswan caused injury to the informant through the cricket bat. At that time, daughter-in-law of informant, Sanjeeta Devi, tried to save the informant then Niraj assaulted her

Patna High Court Cr.Misc. No.51371 of 2014 (2) dt.14-05-2015 and try to outrage her modesty. Kabita Devi also snatched gold chain (Mangalsutra) from the neck of the daughter-in-law of the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to dispute of drainage as petitioner and the informant are the co-villagers. It is further submitted that there is general and omnibus allegation against the petitioner and others to cause injury and denoting witch.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 236 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T