Akaliya Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16793 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- RANIGANJ District- Araria ======================================================

1. AKALIYA DEVI wife of Sadanand Rishideo

2. Sunil Rishideo son of Sadanand Rishideo, both are residents of villageKohabara Vishanpur East Majhuwa Tola Ward No. 8, PS-Raniganj, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Raniganj P.S. Case No. 249 of 2018, G.R. No. 2551 of 2018 registered for offence punishable under sections 341, 323, 354B, 504 of the Indian Penal Code and section 3/4 of the Prevention of Witch (Dain) Practices Act. It has been stated in the FIR that five accused persons entered into the house of the informant and called her dian and whereafter she was dragged to outer portion of the house where she was assaulted by the accused persons. The allegation has been made to have assaulted the victim by fists

Patna High Court CR. MISC. No.16793 of 2019(2) dt.26-03-2019 2/3 and slaps and naked her half.

It has been submitted that from the FIR itself appears that there was a land dispute between the petitioner and the informant and on that account, a proceeding under section 107 and 144 Cr.P.C. was also initiated.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 249 of 2018, G.R. No. 2551 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in similar type of allegation in future, the prosecution will have liberty to file an

Patna High Court CR. MISC. No.16793 of 2019(2) dt.26-03-2019 3/3 application for cancellation of their bail bond. Whenever the Police will call the petitioners for the purpose of interrogation/investigation, they would present themselves, In case of failure, the prosecution will have liberty to make a prayer for cancellation of their bail before the court below. (Shivaji Pandey, J) mkchy/- U T