Bhola Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31822 of 2014 Arising Out of PS.Case No. -1095 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhola Sah S/o Baidnath Sah

2. Jawahar Sah S/o Bhola Sah

3. Jogi Sah S/o Baidnath Sah

4. Bhim Sah S/o Jogi Sah

5. Ankush Sah S/o Jogi Sah

6. Arjun Sah S/o Jogi Sah All Resident of Village Izara Tola Bhithharwa, P.S. Sangrampur, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s : Mr. Dr. Indiwar Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 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 147, 148, 149, 452, 380, 341, 323, 354, 504/34 of the Indian Penal Code and 3/4 of the Prevention of Witch Practices Act.

It is alleged that the accused persons entered in the house and assaulted the victim since the accused has apprehension that complainant practices witch craft and took away the bags containing Rs. 5,000/- and ornaments of Rs.

Patna High Court Cr.Misc. No.31822 of 2014 (2) dt.03-02-2015 15,000/-.

It is submitted by the learned counsel for the petitioner that the complainant is the agnate of the petitioners. Accusation is omnibus and general in nature. No injury has been caused to the complainant and the background of serious land dispute the accusation has been levelled. 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 anticipatory 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 Judicial Magistrate, Ist Class, Sadar East Champaran at Motihari in connection with Complaint Case No. 1095 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T