Mithilesh Roy And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24991 of 2015 Arising Out of PS.Case No. -327 Year- 2012 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================
1. Mithilesh Roy Son of Late Bhikhari Roy
2. Dipak Roy Son of Late Bhikhari Roy
3. Keso Roy Son of Late Bhikhari Roy
4. Dhanma Devi Wife of Late Bhikhari Roy
5. Ram Dayal Roy Son of Late Jageshwar Roy
6. Vikash Roy alias Vikas Kumar Son of Ramdayal Roy All residents of Village - Usri, P.S. K. Ashan, District - Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Anju Devi W/o Shatrudhan Roy R/o Village - Usri, P.S. - Kusheshwarsthan, District - Darbhanga.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Kumar Choudhary For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 448, 323, 380 and 504 of the Indian Penal Code and Section 3/4 of the Prevention of Witch (Daain) Practices Act. It is alleged that the petitioner addressed the informant as a witch and also humiliated her. It is also alleged that petitioner no.5 administered urine in the mouth of the informant. It is submitted by learned counsel for the petitioners that
Patna High Court Cr.Misc. No.24991 of 2015 (2) dt.30-06-2015 2/2 initially the complaint was dismissed but subsequently the said order was challenged in revision and in pursuance to the revision order, the cognizance order was passed. The petitioners' side also filed complaint which was dismissed. Statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Biraul at Benipur, Darbhanga in connection with C.R. No. 327 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T