Dilip Kewat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 34579 of 2016 Arising Out of PS.Case No. -150 Year- 2016 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================
1. Dilip Kewat, Son of Balveshar Kewat @ Baleshwar Kewat
2. Sanjeevan Kewat, Son of Late Siddheshwar Kewat @ Late Siddhewar Kewat
3. Rinku Devi @ Chandrika Devi, wife of Dilip Kewat All residents of Village- Tatariya Math, Police Station- Islampur, DistrictNalanda at Biharsharif. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Dr. Amrendra Kumar Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
08-09-2016 Heard Dr. Amrendra Kumar, learned counsel, who was assisted by Sri Ravi Shanker Pankaj, learned counsel for petitioners and learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in Islampur P.S. Case No. 150 of 2016 registered for the offence under Sections 341, 323, 307 and 34 of the Indian Penal Code and Sections 3/4 of Witch Craft Act {i.e. Prevention of Witch (Daain) Practices Act, 1999}, have prayed for grant of bail in the event of arrest or surrender.
It was submitted by learned counsel for petitioners that there was case and counter case in between the parties.
Patna High Court Cr.Misc. No.34579 of 2016 (2) dt.08-09-2016 2/2 Moreover, by way of referring to Annexure - 3 series, learned counsel for petitioners submits that injuries were found simple in nature.
However; after considering the fact, particularly the F.I.R., the Court is of the opinion that privilege of anticipatory bail may not be extended to petitioner no. 1 (Dilip Kewat) and petitioner no. 2 (Sanjeewan Kewat). So far as petitioner no. 3 (Rinku Devi @ Chandrika Devi) is concerned, keeping in view the fact that she is lady and there is no specific accusation against her, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Rinku Devi @ Chandrika Devi be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 150 of 2016, corresponding to G.R. No. 1147 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T