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Patna High CourtCR. MISC./5614/2023dismissed

Ashok Kumar Prasad @ Ashok Prasad v. The State Of Bihar

2023-02-15Mr. Justice Sandeep Kumar1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5614 of 2023 Arising Out of PS. Case No.-90 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== 1.

Ashok Kumar Prasad @ Ashok Prasad Son Of Baidhnath Prasad. 2.

Maya Devi Wife Of Late Baidhnath Prasad.

Both resident of Village- Jokaha, P.S.- Barauli, District- Gopalganj ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-02-2023 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within four weeks from today.

This is the second attempt on behalf of the petitioners for grant of anticipatory bail in connection with Barauli P.S. Case No. 90 of 2021 registered under Sections 341, 323, 325, 35(A)/34 of the Indian Penal Code and under Section 3/4 of the Prevention of Witch Practices Act, 199.

In view of recent decision of the Supreme Court in the case of G.R. Ananda Babu vs. State of Tamil Nadu and Anr. reported in 2021 SCC OnLine SC 176, this second anticipatory bail application is not maintainable. It is accordingly, dismissed. (Sandeep Kumar, J) Sunnykr/ Pawan U T