Deepak Kumar @ Deepak Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29359 of 2015 Arising Out of PS.Case No. -229 Year- 2014 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Deepak Kumar @ Deepak Kumar Singh S/o Dhuvra Singh @ Dhruv Singh

2. Bishal Kumar Singh @ Vishal Kumar S/o Dhuvra Singh @ Dhruv Singh

3. Chandani Kumari @ Chandini Kumari D/o Dhuvra Singh @ Dhruv Singh

4. Dhruv Singh @ Dhuvra Singh @ Dhusap Singh S/o Late Shukdeo Singh

5. Hiramati Devi W/o Dhuvra Singh @ Dhruv Singh All Resident of Village Jasaulipatti, Tola Gosaibari, P.S. Kotwa, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kuar, Advocate For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 504, 323, 324, 379 of the Indian Penal Code and 3 of The Prevention of Witch Practices Act, 1999.

It is alleged that when the accused persons started abusing the informant by calling her a Witch and protest was made, then the accused came variously armed. Petitioner no. 1 made farsa blow, but the same did not cause any injury. Petitioner no. 2 assaulted the

Patna High Court Cr.Misc. No.29359 of 2015 (2) dt.28-07-2015 daughter-in-law of the informant Parmila Devi by lathi as a result she became unconscious. Petitioner no. 2 also took the golden chain of Parmila Devi. Petitioner no. 3 committed theft of golden ear ring of Bhuwan Devi and petitioner no. 4 assaulted Dhrub and caused injury to the informant by dagger at right wrist.

It is submitted by the learned counsel for the petitioners that the injury has been found simple on a non-vital part of the body. There is counter version of the occurrence and petitioners' side also received injury. 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 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Kotwa P.S.Case No. 229 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T