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Patna High CourtCR. MISC./37146/2014bail granted

Jai Jai Ram Roy And ORS v. The State Of Bihar

2015-02-112 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37146 of 2014 Arising Out of PS.Case No. -322 Year- 2014 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================

1. Jai Jai Ram Roy, son of Late Gango Roy

2. Sonu Kumar Roy, son of Jai Jai Ram Roy

3. Shishu Kumar Roy @ Kari Roy, S/o. Jai Jai Ram Roy, All resident of village Deodha, P.S.Hassanpur, Dist. Samastipur. .... .... Petitioners

Versus

1. The State of Bihar

2. Nutan Devi, w/o. Ram Kumar Rai, resident of village Deodha, P.S.Hasanpur, Dist. Samastipur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. A.K.Thakur, Advocate Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-01-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 448, 354, 379 of the Indian Penal Code and Section 3 and 4 of the Witch Craft Act registered in connection with Complaint Case No. 322 of 2014.

3. It is submitted that the petitioners have been falsely implicated as there is long standing enmity between the parties as evident from the series of cases

Patna High Court Cr.Misc. No.37146 of 2014 (3) dt.20-01-2016 instituted against each other.

4. Learned counsel for the OP No. 2 appears and opposes the anticipatory bail petition.

5. Considering the nature of accusations, the provisional anticipatory bail granted to the petitioners by order dated 11.02.2015 pending in the Court of Sri K. Kumar, learned Judicial Magistrate Ist Class, Rosera (Samastipur) in connection with Complaint Case No. 322 of 2014 is hereby confirmed.

(Vikash Jain, J) Chandran U T