Patna High CourtCR. MISC./39612/2016bail granted

Ratna Devi And ORS v. The State Of Bihar

2016-10-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39612 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Ratna Devi W/o Gaya Nand Tatma

2. Maya Nand Tatma Son of Late Ramo Tatma

3. Narayan Tatma Son of Late Ramo Tatma

4. Rahul Tatma Son of Late Thakur Tatma

5. Durganand Tatma Son of Late Thakur Tatma

6. Rukmani Devi W/o Narayan Tatma

7. Durga Devi W/o Rahul Tatma

8. Janki Devi W/o Durganand Tatma All are residents of village - Sukkhi Ward No. 8, P.S. Forbesganj, District Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-10-2016 Heard both sides.

The petitioners apprehend their arrest in Araria Mahila P.S. Case No. 39 of 2016, registered for the offences punishable under Sections 379, 354 and other Sections of the Indian Penal Code and Section 3 & 4 of the Prevention of Witch Craft Act.

The informant alleged that on 04.05.2016 the accused persons assaulted her alleging that she is a witch and took away different articles from her house.

It is submitted that the occurrence took place on

Patna High Court Cr.Misc. No.39612 of 2016 (3) dt.28-10-2016 2/2 04.05.2016, Ratna Devi, Petitioner no. 1 filed a complaint case on 07.05.2016 (Annexure-2) and for the same occurrence the informant filed case on 07.06.2016, after a month of the occurrence. Now the case has been compromised. Both the parties are agnates.

Considering the facts aforesaid, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 the learned Sub Divisional Judicial Magistrate, Araria in connection with Araria Mahila P.S. Case No. 39 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T