Kaushalaya Devi @ Kaushilaya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15795 of 2025 Arising Out of PS. Case No.-245 Year-2024 Thana- MOHANPUR District- Gaya ====================================================== 1.

Kaushalaya Devi @ Kaushilaya Devi W/O Kedar Saw @ Kedar Saw Keshri R/O Village- Dharhara, P.S- Mohanpur, Distt.- Gaya. 2.

Tribhuwan Kumar Keshri @ Tribhuwan Saw S/O Kedar Saw @ Kedar Saw Keshri R/O Village- Dharhara, P.S- Mohanpur, Distt.- Gaya. 3.

Kedar Saw @ Kedar Saw Keshri S/O Late Dukhan Saw R/O VillageDharhara, P.S- Mohanpur, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Mohanpur P.S. Case No. 245 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 352, 109, 303(2), 351(2) and 3(5) of the BNSS and Sections 3 and 4 of the Bihar Witcharalft Act, 1999.

3. Allegedly, calling the witch, the informant's wife including her family members was assaulted by the petitioners, as a result of which, all the victims sustained injuries on both, vital and non-vital parts of bodies. It is further alleged that the accused

Patna High Court CR. MISC. No.15795 of 2025(2) dt.02-04-2025 2/2 persons also snatched a gold earring and a mobile phone from the informant's wife and threatened the victims of dire consequences.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. He has further submitted that the allegation against the petitioners is general and omnibus. He submitted further that the members of defense side have also suffered injuries. The petitioners are the persons of clean antecedents. There is case and counter case.

5. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Sherghati, Gaya in connection with Mohanpur P.S. Case No. 245 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Nirmal/- U T