Kalanand Rishideo And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11919 of 2019 Arising Out of PS. Case No.-684 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== 1.

Kalanand Rishideo S/o Late Timhai Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 2.

Tilwa Rishideo S/o Subhak Lal Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 3.

Manoj Rishideo S/o Late Sriman Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 4.

Radhia Devi W/o Late Pauwa Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 5.

Kamli Devi W/o Baidya Nath Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 6.

Bisundeo Rishideo @ Bishnu Rishideo @ Vishnu Rishideo S/o Late Timhai Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 7.

Golka Rishideo @ Golka Rishideo @ Janardan Rishideo S/o Late Pauwa Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 8.

Chauri Devi @ Chandri Devi W/o Kalanand Rishideo Resident of VillageHaripur, P.S.- Forbesganj, District- Araria 9.

Lukhia Devi W/o Parmeshwar Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 10.

Mishri Rishideo S/o Late Pauwa Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 11.

Bauka Rishideo @ Binod Rishideo S/o Ram Lal Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria 12.

Mukesh Rishideo S/o Late Pauwa Rishideo Resident of Village- Haripur, P.S.- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.11919 of 2019(2) dt.26-02-2019 2/3 The petitioners are seeking anticipatory bail in connection with Forbesganj P.S. Case No. 684 of 2018 registered for the offences punishable under Sections 147, 149, 341, 342, 323, 354 B, 427, 380, 504, 506 of the Indian Penal Code and Sections 3⁄4 of Witch Act.

Learned counsel for the petitioners submits that in the present case there are general and omnibus allegations against the petitioners, the FIR has been lodged three days after the alleged occurrence. It is pointed out from the FIR that according to the informant, apart from 15 named accused almost 100 of unknown persons had assembled in the house of the informant and had started abusing the mother of the informant for her alleged act of witch craft.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated due to village politics and that there is no specific allegation attributting any overt act to this petitioners for the offences alleged under Section 354B IPC and 3⁄4 of Witch Act.

Learned APP for the State is present and opposed the prayer of anticipatory bail.

Considering the facts and circumstances of the case where a large number of accused have been named and the

Patna High Court CR. MISC. No.11919 of 2019(2) dt.26-02-2019 3/3 petitioners are co-villagers, FIR has been lodged after three days of the alleged occurrence and that the petitioners have no criminal antecedent, let the petitioners above named, in case of their arrest or surrender within a period of four weeks from today, be enlarged on bail on execution of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 684 of 2018, subject to the conditions that the petitioner nos. 1, 2, 3, 6, 7 10, 11 and 12 shall make themselves present before the Investigating Officer for interrogation within two weeks from today and all other petitioners shall also co-operate in course of investigation. This will be in addition to the condition prescribed under Section 438 (2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) avin/- U T