Sakeena Begam @ Sakina Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30592 of 2021 Arising Out of PS. Case No.-366 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

SAKEENA BEGAM @ SAKINA BEGUM, W/o Md. Siraj Resident of Village- Desari, P.S.- Bibhutipur, District- Samastipur. 2.

Md. Siraj S/o Late Md. Nasruddin Resident of Village- Desari, P.S.- Bibhutipur, District- Samastipur.

3.

Md. Mithun Son of Md. Siraj Resident of Village- Desari, P.S.- Bibhutipur, District- Samastipur.

4.

Md. Mustaq Son of Md. Siraj Resident of Village- Desari, P.S.- Bibhutipur, District- Samastipur.

5.

Md. Bhola S/o Md. Subhan Resident of Village- Khanjapur, P.S.- Cheriyabariarpur, District- Begusarai.

6.

Sajrup Begam W/o Md. Barakat Resident of Village- Desari, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhimanyu Sharma For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-03-2022 Heard the learned counsel for the petitioners and the learned APP for the State, assisted by the learned counsel for the

Patna High Court CR. MISC. No.30592 of 2021(3) dt.21-03-2022 2/3 informant.

The petitioners apprehend their arrest for the offences alleged under Sections 448, 341, 323, 379 and 34 of the Indian Penal Code and Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 1999, registered in connection with Bibhutipur P. S. Case No. 366 of 2020.

As per allegation, 11 F.I.R. named accused persons including the present petitioners badly assaulted the informant after levelling allegation that she has performed witchcraft act due to which the son of Sanjo Begum has died. Page no. 15 contains the injury report which shows no external injury on the person of the informant. The opinion of the doctor was reserved awaiting X-ray report but in paragraph no. 55 of the case-diary, it has been mentioned that the informant herself has apprised the Investigating Authority in writing that no X-ray was done.

Considering the nature of allegation as well as the clean antecedents of the petitioners, let the petitioners abovenamed, in the event of their arrest or surrender within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.30592 of 2021(3) dt.21-03-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Rosera at Samastipur, in connection with Bibhutipur P. S. Case No. 366 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The application stands allowed.

(Nawneet Kumar Pandey , J) skm/- U T