Patna High CourtCR. MISC./31011/2017bail granted

Chhote Lal Hansda v. The State Of Bihar

2017-07-06Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31011 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -RANIGANJ District- ARRARIA ====================================================== Chhote Lal Hansda, son of Bailu Hansda, resident of village Tikiya Bari, Kala Balwa, P.S. Raniganj, District Araria. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Raniganj P.S. Case No.231 of 2016 registered for the alleged offences under Sections 147, 341, 323, 307 and 506 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act.

As per the prosecution case, the petitioner along with other accused persons are said to have assaulted the informant by means of lathi claiming her practicing witchcraft resulting into death of her son. Later on, the informant succumbed to her injury. It has been submitted by learned counsel for the petitioner that the allegations levelled against the petitioner is not specific rather general and omnibus in nature. Though the petitioner along with other accused persons are said to have

Patna High Court Cr.Misc. No.31011 of 2017 (02) dt.06-07-2017 2/2 assaulted the informant by means of lathi but the doctor who has conducted autopsy on the dead body did not found any external or ante mortem injury on the person of the deceased. He has been languishing in jail custody since 12.03.2017. Similarly situated co-accused persons, namely, Bailu Hansda and Talamay Marandi have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.3058 of 2017 vide order dated 07.04.2017. In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No.231 of 2016.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T