Tara Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26538 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================
1. Tara Devi wife of Sevak Ram
2. Naunvatiya Devi @ Noonvatiya Devi, wife of Bharosi Ram
3. Rinku Devi wife of Prakash Ram All residents of Village- Barhog, Police Station- Bind, District- Nalanda at Biharsharif .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nagendra Pd. Yadav For the Opposite Party/s : Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 354(B), 504, 506 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act. The prosecution case is that the informant was filling soil on her land which was objected by the accused persons and thereafter the informant's daughter and daughterin-law were assaulted. It is also alleged that accused persons also made the informant necked.
It is submitted by learned counsel for the petitioners that petitioners are on litigating terms with the informant. Earlier the informant filed Bind P.S. Case No. 78 of
Patna High Court Cr.Misc. No.26538 of 2015 (2) dt.03-07-2015 2/2 2008 with similar accusation in which some of the petitioners and their family members were made accused but they were acquitted by judgment dated 25.09.2012 passed by learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif. The same has been brought on record as Annexure-2. It is further submitted that no injury was caused to the informant's side. Considering the nature of accusation and the petitioners being ladies, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bind P.S. Case No. 130 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T