Lal Bahadur Kamat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37251 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -ARER District- MADHUBANI ======================================================
1. Lal Bahadur Kamat Son of Laxmi Kamat,
2. Sanjay Kamat @ Sanjay Chaudhary Son of Lal Bahadur Kamat,
3. Rahul Kamat @ Rahul Kumar Son of Lal Bahadur Kamat,
4. Laxmi Kamat Son of Late Janak Kamat,
5. Shila Devi wife of Lal Bahadur Kamat,
6. Punam Devi wife of Sanjay Kamat, resident of village- Jamuari, P.S.- Arer, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Arer P.S. Case No. 49 of 2016, disclosing offences under Sections 147,149,341,323,354,504 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act. Allegedly, the petitioners had attempted to remove Saree from the body of the informant and forcibly administered night soil and called her "Dayen". It is also alleged that they assaulted her with fists and slaps. Learned counsel appearing on behalf of the petitioners has submitted that an occurrence had taken place
in connection with drainage and what has been alleged is an exaggerated version of what had happened on the date of occurrence. He has also submitted that considering the nature of allegation and the fact that the petitioners are not habitual criminals, no purpose would be served, if they are taken into custody.
Considering the above, this application is allowed. Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below 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 satisfaction of Sri Ajay Kumar-II, learned Judicial Magistrate, Ist Class, Benipatti, Madhubani in Arer P. S. Case No. 49 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U