Patna High CourtCR. MISC./12099/2016bail granted

Umesh Mahto And ORS v. The State Of Bihar

2017-03-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12099 of 2016 Arising Out of PS.Case No. -326 Year- 2015 Thana -DUMRA District- SITAMARHI ======================================================

1. Umesh Mahto son of Late Suraj Mahto

2. Sakal Mahto, Son of Late Suraj Mahto

3. Sanjay Mahto, Son of Rajdeo Mahto

4. Geeta Devi @ Sheela Devi, Wife of Umesh Mahto, All residents of village- Rampur, P.S.- Dumra, District- Sitamarhi

5. Baskit Bhagat, Son of Late Chalitar Bhagat, Resident of village- Paroha Tola Maldi, P.S. Dumra, District- Sitamarhi .... Petitioners

Versus

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

For the Petitioners : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 324, 379, 307, 328, 504 and 506/34 of the Indian Penal Code and 3 and 4 of the Witch Craft Act.

There is general and omni bus allegation against the petitioners that they committed assault against the informant by committed house trespass alleging that the informant is a witch.

Submission of the petitioners is that there is case and counter case between the parties and just to pressurize, false allegation is there. The petitioners have got no criminal antecedent.

Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender,

Patna High Court Cr.Misc. No.12099 of 2016 (6) dt.03-03-2017 2/2 within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Dumra P.S. Case No. 326 of 2015 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √