Indrasan Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14437 of 2019 Arising Out of PS. Case No.-405 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== 1.

Indrasan Devi Wife of Sunil Mukhia 2.

Sunil Mukhia Son of Faudi Mukhia Both Resident of Shivhar, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv For the Opposite Party/s :

Mr.Bhanu Pratap Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code.

The petitioners and other family members committed murder of Sabita Devi, the daughter of the informant, alleging that she is a witch.

Submission is that though informant has alleged specific attribution against individual accused, however, she is not an eye witness of the occurrence nor there is any other eye witness of the occurrence to have supported the allegation. The only material that has come during investigation is that the

Patna High Court CR. MISC. No.14437 of 2019(4) dt.14-05-2019 2/2 petitioners were alleging the victim as a witch and indulged in witchcraft. Petitioners are in custody since 11.10.2018. Investigation of the case is already complete. Petitioners are ready to cooperate with the trial.

Considering the entire facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dumra Police Station Case No.405 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Nitesh/- U T