Pankaj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1584 of 2022 Arising Out of PS. Case No.-441 Year-2020 Thana- BIHPUR District- Bhagalpur ====================================================== 1.

Pankaj Paswan Son of Yopi Paswan Resident of Village - Nagarpara, P.S.- Bhawanipur (Bihpur), Distt.- Bhagalpur.

2.

Sudhir Paswan Son of Satan Paswan Resident of Village - Nagarpara, P.S.- Bhawanipur (Bihpur), Distt.- Bhagalpur.

3.

Manish Paswan @ Munna Paswan Son of Nunu Paswan Resident of Village - Nagarpara, P.S.- Bhawanipur (Bihpur), Distt.- Bhagalpur. 4.

Sanjay Paswan Son of Bhori Paswan Resident of Village - Nagarpara, P.S.- Bhawanipur (Bihpur), Distt.- Bhagalpur.

5.

Damodari Devi W/o Sanjay Paswan Resident of Village - Nagarpara, P.S.- Bhawanipur (Bihpur), Distt.- Bhagalpur.

6.

Opi Paswan Son of Kalyug Paswan Resident of Village - Nagarpara, P.S.- Bhawanipur (Bihpur), Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar Mishra For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 341, 354, 342, 506 of the Indian Penal Code and Section 3/ 4 of the Prevention of Witch Practices Act.

Patna High Court CR. MISC. No.1584 of 2022(2) dt.27-07-2022 2/3 The accusation is of making assault to the informant and her husband with an allegation that she is practicing witch due to which son of Triveni Paswan died. It is submitted by learned counsel for the petitioners that there is general and omnibus allegation against the petitioners and in the background of land dispute between the parties, the present case has been lodged against the petitioners. Moreover, for the alleged occurrence of 20.10.2020, the F.I.R has been registered on 24.10.2020. It is also submitted that parties have compromised the matter. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.1584 of 2022(2) dt.27-07-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate, 1st, Naugachhiya in connection with Bhagalpur (Bihpur) P.S. Case No. 441 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T