Patna High CourtCR. MISC./34069/2014bail granted

Bhola Sahani v. The State Of Bihar

2015-02-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34069 of 2014 Arising Out of PS.Case No. -399 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Bhola Sahani Son of Late Goverdhan Sahani Resident of Village - Rajwara Bhagwa, P.S.- Mushari, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kameshwar Kumar For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 399 of 2012 in which cognizance has been taken for the offence under Sections-341 & 323 of the Indian Penal Code and Section-3/4 of Witch Craft Prevention Act. Admittedly, on the basis of complaint case, after inquiry, prima facie case for the offences under Sections-341, 323 of the Indian Penal Code and Sections-3/4 of Witch Craft Prevention Act has been found against the petitioner and others. Learned counsel for the petitioner points out that the present case was filed on 13-02-2012 for the occurrence of 29-

Patna High Court Cr.Misc. No.34069 of 2014 (2) dt.12-02-2015 2/2 01-2012 but much prior to filing of the complaint case, the petitioner had already given an informatory petition against the complainant and her other family members.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 399 of 2012 to the satisfaction of Sri Deebansu Srivastava, Judicial Magistrate (West)-Ist Class, Muzaffarpur.

(Hemant Kumar Srivastava, J) A.K.V./- U T