Amrullah Khan @ Amrulla Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5594 of 2016 Arising out of PS.Case No. -85 Year- 2015 Thana -PALANWA District- EAST CHAMPARAN(MOTIHARI) ====================================================== Amrullah Khan @ Amrulla Khan, Son of Nasib Khan, resident of villageGad Bahuari, Police Station- Palanwa, District- East Champaran at Motihari.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Irshad Ahmad Khan, Advocate. For the Opposite Party : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Palanwa P.S. Case No. 85 of 2015 for the offences instituted under Sections 147, 148, 447, 341, 324, 323, 307, 379, 504 of the IPC and 3⁄4 of the Prevention of Witch(Daain) Practices Act, 1991. It is alleged by the informant that the son of her neighbour fell ill. So, they were talking about it. On 03.08.2015 at 6.00 P.M., the petitioner and others came at the door of the informant and said that the informant is the witch so, his son fell ill. On protest is being made by the informant, they abused her and co-accused Soiab Khan and Atiullah Khan assaulted her with Lathi and Garasa. When her son came to rescue, Nasrullah Khan

Patna High Court Cr.Misc. No.5594 of 2016 (2) dt.28-03-2016 2/2 assaulted with Lathi and Danda and petitioner assaulted with Garasa on the head of the informant as a result of which, she sustained injury. They also took gold chain of the informant's son. It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. It is a case and counter case. From perusal of the injury report, it is evident that the nature of injury is simple hence, no offence under Section 307 IPC is made out.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Palanwa P.S. Case No. 85 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T