Birendra Mahto And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36951 of 2016 Arising Out of PS.Case No. -2666 Year- 2012 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================
1. Birendra Mahto son of late Manan Mahto
2. Ramdhani Mahto son of late Manan Mahto
3. Shanti Devi wife of Birendra Mahto
4. Radhika Devi wife of Ramdhani Mahto. All are residents of VillageBhuski, Police Station Matiyariya, District- West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar
2. Musmat Adya Paswan wife of late Brahmdeo Paswan, resident of Village-Bhuski, Police- Matiyariya, District- West Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Sri Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Trial No. 1963 of 2016 arising out of Complaint Case No. 2666-C of 2012, disclosing offences under Sections 341, 323 and 504 of the Indian Penal Code and Section 3 of the Prevention of Witch Practices Act.
Learned counsel for the petitioner has submitted that learned court below has issued warrant of arrest and, therefore, the petitioner apprehends his arrest. It has been submitted that because
Patna High Court Cr.Misc. No.36951 of 2016 (2) dt.20-09-2016 2/2 of local dispute in the nature of title over the land, the complaint application has been filed.
Considering the submissions as above, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Wasim Akram Khan, learned Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Trial No. 1963 of 2016 arising out of Complaint Case No. 2666-C of 2012, 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) Vats/- U T