Anita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12381 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- SIKTA District- West Champaran ====================================================== 1.

Anita Devi, Wife of Dhrup Raut Resident of Village - Behra, P.S.- Sikta, Distt - West Champaran.

2.

Lalbabu Raut @ Lalbabu Kumar Son of Dhrup Raut Resident of Village - Behra, P.S.- Sikta, Distt - West Champaran.

3.

Chaman Raut Son of Bhikhar Raut Resident of Village - Baisakhwa, P.S.- Gopalpur, Distt - West Champaran.

4.

Sikandar Raut Son of Kailash Raut Dom Resident of Village - Baisakhwa, P.S.- Gopalpur, Distt - West Champaran.

5.

Budhai Raut Son of Kailash Raut Dom Resident of Village - Baisakhwa, P.S.- Gopalpur, Distt - West Champaran.

6.

Lakshmi Raut Son of Baljit Raut Dom Resident of Village - Baisakhwa, P.S.- Gopalpur, Distt - West Champaran.

7.

Arjun Raut Dom Son of Baljit Raut Dom Resident of Village - Baisakhwa, P.S.- Gopalpur, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Sikta P.S. Case No. 81 of 2018 dated 27.07.2018 instituted for the offences under Sections 341, 323, 324, 379, 504/34 of the Indian

Patna High Court CR. MISC. No.12381 of 2019(2) dt.05-03-2019 2/3 Penal Code and Section 3/4 of the Prevention of witch (Daain) Practices Act, 2001.

Several persons of the side of the informant are said to have been assaulted and are also alleged to have been divested of their personal belongings.

Learned counsel for the petitioners has submitted that the petitioners are agnates and neighbours of the informant and the whole occurrence took place because of a dispute between children of both sides. The injuries suffered by the informant are all simple in nature and but for the allegation of abusing the wife of the informant by the petitioners, no Section of the Prevention of witch (Daain) Practices Act, 2001 appears to have been attracted from the facts of this case.

Considering the aforesaid facts and taking into account the relationship between the parties and their being neighbours, the petitioners are directed to be released on bail, in the event of their arrest or surrender

Patna High Court CR. MISC. No.12381 of 2019(2) dt.05-03-2019 3/3 before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sikta P.S. Case No. 81 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T