Sunil Yadav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16977 of 2016 Arising Out of PS.Case No. -698 Year- 2013 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Sunil Yadav Son of Raghunandan Yadav

2. Anil Yadav son of Raghunandan Yadav, Both are Resident of villageIsrain Bela, P.S. Sri Nagar, District- Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Poonam Devi W/o Mahanand Yadav R/O Israinbela, P.S.- Srinagar, District- Madhepura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-04-2016 Heard the Counsel for the petitioners and the APP for the State.

Petitioners apprehend their arrest in Complaint Case No. 698 of 2013 registered under minor penal provisions of the IPC read with Sections 3⁄4 of Prevention of Witch Practices Act. Both parties are stated to be agnate. It is alleged that accused persons cited in the complaint entered into the angan citing the complainant as the 'daain' and assaulted her with fist and slap. The allegation of committing theft of her belonging is attributed to co-accused Anil Yadav. The allegation constituted under Sections 3⁄4 of the Prevention of Witch Practices Act is also attributed against another co-accused namely Raghunandan Yadav. Considering the above, it is stated that other co-accuseds

Patna High Court Cr.Misc. No.16977 of 2016 (2) dt.25-04-2016 2/2 have been granted anticipatory bail under order dated 26.6.2015 passed in Cr. Misc. No. 46408/2014. The petitioners claim no criminal antecedent.

Considering the above, In the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory 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, Madhepura in Complaint Case No. 698 of 2013 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T