Shani Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24801 of 2018 Arising Out of PS.Case No. -48 Year- 2017 Thana -MAHILA P.S. District- BANKA ======================================================

1. Shani Sharma, S/o Shivan Sharma @ Shivnandan Sharma,

2. Ranju Devi W/o Shivan Sharma @ Shivnandan Sharma, Both R/o Vill.- Kakawara, P.S.- Banka, District- Banka.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2018 Learned counsel for the petitioners is permitted to make necessary correction in paragraph-1 of the petition in the course of the day.

Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Banka Mahila P.S. Case No. 48 of 2017, registered for the offences punishable under Sections 448, 341, 323, 504, 506 and 34 of the Indian Penal Code, including Sections 3/4 of Prevention of Witch Practice Act.

Allegation against the petitioners is that they have misbehaved with the informant and told her to administer night soil to her.

Submission of learned counsel for the petitioners is that

Patna High Court Cr.Misc. No.24801 of 2018 (2) dt.10-05-2018 2/2 falsity of the prosecution case will appear from the fact that there is general and omnibus allegation against the petitioners and even according to FIR no night soil was administered on her. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Banka Mahila P.S. Case No. 48 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U