Shamshul Kujra And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4277 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Shamshul Kujra Son of Baudhu Kujra,

2. Raushan @ Raukshana Khatoon, Wife of Shamshul Kujra,

3. Zamila Khatoon Wife of Baudhu Kujra, All resident of village - Jaintipur

4. Md. Sattar Son of Nashrul

5. Md. Nashrul, Son of Md. Shamshul Both resident of Mohiuddinagar - Pakri All of Police Station - Bahera, District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Prasad Yadav For the Opposite Party/s : Mr. Ashok Kumar Singh-1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-02-2015 Learned counsel for the petitioners is permitted to make necessary correction in the petition. Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 323, 504 of the Indian Penal Code and 3/4 of Prevention of Witch Practices Act. It is alleged that the informant was

Patna High Court Cr.Misc. No.4277 of 2015 (02) dt.03-02-2015 2/2 assaulted and abused on the apprehension that the informant practices witch craft and she was forced to drink urine. It is submitted by learned counsel for the petitioners that at earlier point of time the petitioners' side lodged Complaint Case No. 55 of 2014 against the informant side when 144 Cr.P.C. proceeding was also initiated between the parties.

A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Complaint Case No. 62 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T