Krishanbol Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45923 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -MANSI District- KHAGARIA ======================================================

1. Krishanbol Singh, S/o Shivnath Singh @ Shivnandan Singh,

2. Haribol Singh, S/o Shivnath Singh @ Shivnandan Singh,

3. Dulari Devi, W/o Pawan Choudhary,

4. Sangita Devi, W/o Haribol Singh,

5. Shanti Devi, W/o Rambol Singh, all are r/v Balkund, P.S.- Mansi, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Mansi P.S. Case No. 38/2017 for the offences punishable under Sections 341, 323, 504, 354(B) and 34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practice Act.

As per the allegation petitioner nos. 3, 4 and 5 entered into the house of the informant and calling the informant witch. Thereafter other accused persons including petitioner nos. 1 and 2 entered into the house and misbehaved with the informant and assaulted her mercilessly by fists and slaps and also tried to outrage her modesty.

Patna High Court Cr.Misc. No.45923 of 2017 (2) dt.10-10-2017 2/2 It is submitted that there is no allegation of assault or any misbehaviour against petitioner nos. 3, 4 and 5 and they are ladies.

Considering the facts aforesaid, let petitioner nos. 3, 4 and 5, 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, 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 the learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 38/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far petitioner nos. 1 and 2 are concerned, since they assaulted the informant mercilessly, I am not inclined to enlarge petitioner nos. 1 and 2 on anticipatory bail. Accordingly, the same is rejected.

If petitioner nos. 1 and 2 surrender before the court below within four weeks from today and pray for regular bail, their prayer shall be considered on its own merit without being prejudiced by this order.

(Shivaji Pandey, J.) Rakhi U T