Patna High CourtCR. MISC./4733/2018bail granted

Anand Kumar v. The State Of Bihar

2018-02-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4733 of 2018 Arising Out of PS.Case No. -176 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anand Kumar, S/o Ramanand Prasad @ Ramnath Prasad, R/o Vill Bharuwaha, P.S. Madhuban Dist. E. Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-02-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Madhuban P.S. Case No. 176/2017 dated 05.07.2017 instituted for the offences under Sections 147, 149, 341, 323, 324, 325, 307, 448, 504 and 506 of the Indian Penal Code read with Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 1999.

The petitioner and other accused persons are said to have assaulted the informant by various kind of weapons on the ground that the informant practices witch craft. Learned counsel for the petitioner has drawn the attention of this Court to Annexure-2, which is the counter version of the occurrence. The petitioner is one of the injured persons of the

Patna High Court Cr.Misc. No.4733 of 2018 (2) dt.05-02-2018 2/2 counter case. It has also been submitted that other accused persons, who are specifically alleged to have assaulted the informant, have been granted anticipatory bail vide orders dated 12.12.2017 passed by two different Benches of this Court in Cr. Misc. No. 59923/2017 and Cr. Misc. No. 59608/2017 respectively.

The petitioner does not have any criminal antecedent. Considering the aforesaid facts, the petitioner is directed to be released on bail, in the event of his arrest/surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Madhuban P.S. Case No. 176/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T