Sarswati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39921 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -SIRDALA District- NAWADA ======================================================
1. Sarswati Devi Wife of late Mahesh Ravidas
2. Pankaj Ravidas Son of late Mahesh Ravidas Both Resident of VillageJamunia, Police Station- Sirdala, District Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.
The petitioners apprehend their arrest in Sirdala P.S. case No. 225 of 2015 under Section 341, 323, 504, 354(B), 34 of the Indian Penal Code and under Section 3⁄4 of Prohibition of Witch Practices Act, 1999.
The informant alleged that petitioners came and alleged that informant is a witch, who killed husband of petitioner No.1. The petitioners are alleged to have assaulted the informant with fists and slaps and asked the informant to make the deceased alive failing which she would not be allowed to live in the village. The learned counsel for the petitioners submits that petitioner No.1 is own sister-in-law (Gotini) of the informant and
Patna High Court Cr.Misc. No.39921 of 2016 (2) dt.20-09-2016 2/2 petitioner No.2 is son of petitioner No.1. No occurrence, as alleged by the informant, has taken place. On account of some family dispute this false case has been lodged. The petitioners are alleged to have assaulted with fists and slaps Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Sirdala P.S. Case No. 225 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T