Lakhan Prasad Yadav And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20472 of 2015 Arising Out of PS.Case No. -1551 Year- 2013 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================
1. Lakhan Prasad Yadav, S/o Late Chhotan Yadav
2. Smt. Guzari Devi, W/o Raja Yadav
3. Mahendra Tanti, S/o Late Narsingh Tanti
4. Rita Devi, W/o of Mahendra Tanti
5. Vishwakarma Tanta, S/o Mahendra Tanti
6. Chhotu Tanti @ Chote Tanti, S/o Late Shiv Ram Tanti
7. Binod Tanti, S/o Late Shiv Ram Tanti All resident of village- Ganaura Badarpur, Police Station- Nathnagar, District- Bhagalpur .... .... Petitioner/s
Versus
1. State of Bihar
2. Shanti Devi, W/o Manohar Mandal, resident of village- Senaura Badarpur, Police Station- Nathnagar, District- Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-05-2015 Heard learned counsel 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 354, 323, 341, 427, 504 of the Indian Penal Code and 3/4 of the Prevention of Witch Practices Act, 1999. It is alleged that the accused persons came to the house of the complainant and broke the door, outrage the modesty and assaulted the complainant. Since accused were under belief that due to Witch Craft being practiced
Patna High Court Cr.Misc. No.20472 of 2015 (2) dt.01-05-2015 by the complainant Sanjay Kumar fell ill.
It is submitted by the learned counsel for the petitioners that no injury has been caused to the complainant and the petitioners' side lodged Nathnagar (Madhusudanpur) P.S. Case No. 162 of 2013 at earlier point of time, in which petitioners' side have received injury. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on 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 Chief Judicial Magistrate, Bhagalpur in connection with Complaint Case No. 1551 pf 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T