Anandi Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11554 of 2018 Arising Out of PS. Case No.-240 Year-2017 Thana- CHOUTARWA District- West Champaran ======================================================

1. Anandi Sah Son of Late Asarafi Sah,

2. Draupadi Devi @ Dropdi Devi @ Prabhawati Devi, Wife of Anandi Sah, Both are of Resident of Village-Chautarwa Bangali Colony No.2, Police Station-Chautarwa, District-West Champaran (Bettiah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-04-2018 Heard learned counsels for the petitioners and the State. The petitioners, already in custody, seek bail in connection with Chautarwa P.S.Case No. 240 of 2017 registered under Sections 302/34 of the Indian penal Code. Allegation in brief is that accused persons came into the house of the informant alleging accusation of practicing witch craft and on the next day in the morning, petitioners along with his son entered inside the house and assaulted the informant's mother. When he reached there all accused persons leaving the room and found his mother dead.

Learned counsel for the petitioners submits that death of the deceased is otherwise, as ribs are also fractured and blood was oozing out from the nose and mouth and son of the

Patna High Court Cr.Misc. No.11554 of 2018(6) dt.17-04-2018 2/2 petitioners was let off by the police.

Learned counsel for the State submits that petitioners were seen leaving the room and mother of the information was found dead and cause of death, as per postmortem report, is strangulation and son of the petitioners was not found involved as he was only 14 years of age and was not present at that time in the village.

Having considered the aforesaid facts and circumstances, the prayer of bail of petitioner no. 1 namely Anandi Sah is rejected.

So far petitioner no. 2, namely Draupadi Devi @ Dropdi Devi @ Prabhawati Devi, is concerned, she is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-1st Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 240 of 2017.

(Arun Kumar, J) sujit/- U T