Pankaj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13375 of 2020 Arising Out of PS. Case No.-67 Year-2016 Thana- SHRI NAGAR District- Madhepura ====================================================== PANKAJ SAH Son of Ganesh Sah Resident of Village - Madhubani Ward No.8, P.S.- Srinagar, Dist.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioner and the State.

The petitioner, who is in custody since 19.12.2019, seeks bail in connection with Srinagar P. S. Case No. 67 of 2016 dated 15.11.2016 instituted for the offence under Sections 341, 323, 324, 325, 354, 379, 34 and 504 of the Indian Penal Code and Sections 3⁄4 of the Prevention of Witch (Daain) Practices Act,

Patna High Court CR. MISC. No.13375 of 2020(2) dt.04-03-2020 2/3 1999.

The petitioner is alleged to have assaulted the informant on her being suspected as a person practicing witchcraft.

It has been submitted on behalf of the petitioner that this case has been lodged because of land dispute between the parties. A civil miscellaneous case under Section 144 of the Code of Criminal Procedure between the parties has only recently been disposed off but from the report, it appears that the dispute between the parties still exists.

The allegation under the provisions of the Prevention of Witch (Daain) Practices Act, 1999 has been incorporated to add seriousness to the offence. Considering the period of custody of the petitioner and the nature of accusation against him, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.13375 of 2020(2) dt.04-03-2020 3/3 of the learned A.C.J.M., IInd, Madhepura in connection with Srinagar P. S. Case No. 67 of 2016.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U