Ram Nath Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6869 of 2019 Arising Out of PS. Case No.-104 Year-2018 Thana- SHYAMPUR BHATHA DistrictSheohar ======================================================

1. Ram Nath Pandit, son of Rajaram Pandit Resident of village-Lalgadh Kaswa, Dumari Katsari, P.S.-Shyampur Bhataha, District-Sheohar

2. Dhiraj Pandit son of Ram Nath Pandit Resident of village-Lalgadh Kaswa, Dumari Katsari, P.S.-Shyampur Bhataha, District-Sheohar

3. Sugandhi Devi wife of Ram Nath Pandit Resident of village-Lalgadh Kaswa, Dumari Katsari, P.S.-Shyampur Bhataha, District-Sheohar

4. Rina Devi @ Rita Devi wife of Kishnath Pandit,Resident of village-Lalgadh Kaswa, Dumari Katsari, P.S.-Shyampur Bhataha, District-S Resident of village-Lalgadh Kaswa, Dumari Katsari, P.S.-Shyampur Bhataha, DistrictSheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-02-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Shyampur Bhataha P. S. Case No. 104 of 2018 dated 12.10.2018 instituted for the offences under Sections 341, 323, 354 and 447 of the Indian Penal Code and Section 3/4 of the Prevention of Witch (Daain) Practices Act, 1999.

The petitioners are alleged to have assaulted the

Patna High Court Cr.Misc. No.6869 of 2019(2) dt.06-02-2019 2/3 informant and also insinuated the informant of practicing witchcraft.

Learned counsel for the petitioners has submitted that the F.I.R. has been lodged after 20 days of the so called occurrence and the purpose of lodging of this case is only to avenge the enmity which has arisen because of land dispute between the parties.

It has further been submitted that the informant got herself treated in a private hospital after many days of the occurrence but that injury report also does not specify about the nature of injury suffered by her.

Considering the vague nature of the accusation and delayed lodging of F.I.R., the petitioners, above-named, are directed to be released on bail, 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, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sheohar in connection with Shyampur Bhataha P. S. Case

Patna High Court Cr.Misc. No.6869 of 2019(2) dt.06-02-2019 3/3 No. 104 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U