Patna High Court - Orders
Manoj Paswan & Ors. vs The State Of Bihar on 9 February, 2015
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5315 of 2015
Arising Out of PS.Case No. -221 Year- 2012 Thana -BIRAUL District- DARBHANGA
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1. Manoj Paswan
2. Abhinash Paswan
3. Laxmi Paswan All sons of Digambar Paswan Resident of vill-
Paghari,P.S-Biraul,Distt.-Darbhanga
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Md. Kamran, Advocate.
For the Opposite Party/s : Mr. Renuka Ratnakar (App)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
2 09-02-2015Heard both sides.
The petitioners apprehend their arrest in Biraul P.S. Case No. 221 of 2012, registered for the offences punishable under Section 324 and other Sections of the Indian Penal Code and under Sections 3/4 of Prevention of Witch Craft Act.
Learned counsel for the petitioners submits that all the offences are bailable except one under Sections 3/4 of Prevention of Witch Craft Act. The police after investigation found the allegation under Sections 3/4 of Prevention of Witch Craft Act to be false, but even then the learned Judicial Magistrate took cognizance. The informant and petitioners belong to the same community and on account of dispute with regard to passage, the Patna High Court Cr.Misc. No.5315 of 2015 (2) dt.09-02-2015 2 case has been lodged making false and frivolous allegations.
It appears that on account of some petty dispute, this occurrence took place.
Considering the facts aforesaid and nature of allegations made against the petitioners, they, in the event of their arrest or surrender before the 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 bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Abhijeet Kumar, the learned Judicial Magistrate, 1st Class, Benipur at Darbhanga in connection with Biraul P.S. Case No. 221 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/-
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