Patna High CourtCR. MISC./63486/2017bail granted

Manjay Paswan And ORS v. The State Of Bihar

2018-01-11Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.63486 of 2017 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63486 of 2017 Arising Out of PS.Case No. -123 Year- 2016 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manjay Paswan, son of Dirni Paswan,

2. Anil Paswan, Son of Wakil Paswan.

3. Rakesh Paswan, Son of Late Dilip Paswan.

4. Bikram Paswan, Son of Lachchhan Paswan.

5. Wakil Paswan, Son of Jagrup Paswan, All residents of Village- Dumra, Police Station- Kotwa, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2018 Heard both sides.

The petitioners apprehend their arrest in Kotwa P.S. Case No.123 of 2016 registered under Sections 323, 504 and other Sections of the Indian Penal Code and 3/4 of the Prevention of Witch Craft Act.

The informant made allegation that the petitioners called her witch and abused her and also put excreta in her mouth. The learned counsel for the petitioners submits that Bikram Paswan lodged Kotwa P.S. Case No.134 of 2016. Bikram Paswan made his statement in hospital on 31.07.2016 that the accused persons called his wife witch and assaulted the informant

Patna High Court Cr.Misc. No.63486 of 2017 (2) dt.11-01-2018 and others.

There appears that there is case and counter-case and both sides made allegation of calling each other witch. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kotwa P.S. Case No.123 of 2016, corresponding to G.R. Case No.3761 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T