Chhathi Devi And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.5659 of 2016 (2) dt.28-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5659 of 2016 Arising Out of PS.Case No. -757 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chhathi Devi W/o Gagandeo Sah
2. Siya Devi W/o Chirkut Sah
3. Hiramati Devi wife of Ramashray Sah
4. Chirkut Sah son of Late Suka Sah
5. Kali Charan Sah son of Ramashray Sah
6. Nanhak Sah son of Gagandeo Sah All resident of village- Shankar Saraiya, Tola Kasba, P.S.- Turkauliya, District- East Champaran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Anil Kumar, Advocate For the Opposite Party : Mr. M.Rub, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Turkauliya P.S. Case No. 757 of 2014 for the offences instituted under Sections 147, 148, 149, 323, 324, 307, 448, 506 and 504 of the Indian Penal Code and Section 3/4 of the Witch Craft Act (Dyne Act).
As per prosecution case all the accused persons came at the door of the informant and started abusing with allegation that wife of the informant is witch and they are ready to kill her thereafter informant fled away and entered in the house due to fear
Patna High Court Cr.Misc. No.5659 of 2016 (2) dt.28-03-2016 but all the miscreants also entered in the house and caught hold of the informant and started assaulting with the weapons. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no specific injury alleged against the petitioners. General and omnibus allegation has been made. The matter has been compromised between the parties which is evident from Annexure-3 to the present application.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Turkauliya P.S. Case No. 757 of 2014 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T