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Patna High CourtCR. MISC./40537/2018bail granted

Basmati Devi And ORS v. The State Of Bihar

2018-07-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40537 of 2018 Arising Out of PS.Case No. -609 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. BASMATI DEVI, wife of Ram Audhiya Mahto.

2. Ram Audhiya Mahto, son of Late Bhukhal Mahto.

3. Badka Mahto @ Raja Babu Mahto.

4. Chhotka Mahto @ Raj Kumar Mahto. Both sons of Ram Audhiya Mahto. All are residents of Mohalla- Thakurbari, Motihari, P.S.- Motihari Town, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Motihari Town P.S. Case No. 609 of 2016, registered for offences punishable under Sections 341, 323, 354, 379 and 504/34 of the Indian Penal Code and under Section 3/4 of the Witch Act. Allegation against the petitioners is that they have called the informant and also administered night soil in her mouth and also snatched gold chain worth of Rs. 75,000.- from her neck. Submission of the learned counsel for the petitioners is that a case has been lodged by the petitioners' side against the informant prior to lodging the present case to save his skin and

Patna High Court Cr.Misc. No.40537 of 2018 (2) dt.12-07-2018 2/2 there is no injury has been found on the person of the informant. Heard learned A.P.P. opposes the prayer for bail. Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrenders before the court below within a period of six weeks from the date of the order, they will be released on provisional bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 609 of 2016, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with 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. (Vinod Kumar Sinha, J) Sudha/Priyanka/- U T