Gauhar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1802 of 2016 Arising Out of PS.Case No. -158 Year- 2015 Thana -BISFI District- MADHUBANI ======================================================
1. Gauhar wife of Kamarul Hoda @ Tamanna
2. Kamrul Hoda @ Tamanna son of Late Md. Waz Both residents of village Shibaul, P.S. Bisfi (O.P. Patauna) District Madhubani.
3. Sadarul Haque son of Late Chand Ali
4. Sagufta Pravin daughter of Sadrul Haque
5. Md. Jilani son of Sadrul Haque
6. Md. Rabbani son of Sadrul Haque
7. Md. Nurani son of Sadrul Haque
8. Nomani son of Sadrul Haque
9. Neyaji son of Sadrul Haque .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-01-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/149/448/457/341/342/323/504/506/509 of the Indian Penal Code and The Prevention of Witch (Daain) Practices Act, 1999. It is alleged that the FIR named accused persons and 10 others variously armed entered into the house of the informant and took the mother and sister-in-law of the informant and confined them when informant and his younger brother Md. Anas went to
Patna High Court Cr.Misc. No.1802 of 2016 (2) dt.14-01-2016 2/3 made enquiry then accused persons assaulted them and communicated that his mother and sister-in-law played witch craft on their child and they will not be released until the child is not cured. Ultimately, they released them after keeping confined for four hours. It is alleged that the petitioner Rabbani kept some dirty liquor whereas Kamrool Hoda directed to administer the same to the mother and sister-in-law of the informant. It is submitted by learned counsel for the petitioners that on 21.06.2015 at about 7.00 p.m. there was marriage ceremony of the daughter of petitioner no.1 when some quarrel took place and for a petty dispute the accusation has been levelled. For the occurrence of 21.06.2015 at 19.00 p.m., the FIR was registered on 22.06.2015 at 11.30 p.m and the accusation is omnibus and general against all the FIR named accused persons. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the nature of accusation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class,
Patna High Court Cr.Misc. No.1802 of 2016 (2) dt.14-01-2016 3/3 Benipatti, Madhubani in connection with Bisfi P.S. Case No.158/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T