Tetari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30152 of 2018 Arising Out of PS. Case No.-57 Year-2017 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Tetari Devi, wife of Binod Rai.

2.

Usha Devi, Wife of Shiv Rai.

3.

Shobha Devi, Wife of Shiv Balak Rai.

4.

Reeta Devi, Wife of Chotan Rai.

5.

Sunaripatiya Devi, Wife of late Meva Rai.

6.

Geeta Devi @ Gita Kumari, Wife of Vinod Rai.

7.

Chandani Kumari, Daughter of Shiv Rai.

All residents of Village Alaula, P.S. Kalyanpur, Dist. East Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Kalyanpur P.S. Case No. 57 of 2017 registered for offences under sections 341, 323, 354, 504, 307, 34 of the Indian Penal Code and Section 3⁄4 of the Witchcraft Practices Prohibition Act, 1999.

In the present case, thirteen persons of one family have been made accused. As per allegation, the accused persons have administered night soil, calling the victim as Dian and also caused injury by knife.

Patna High Court Cr.Misc. No.30152 of 2018(2) dt.17-05-2018 2/2 Learned counsel for the petitioners submits that no specific role has been assigned against the petitioners rather general and omnibus allegation has been against them. Looking to the entire facts and circumstances of the case, let the petitioners, namely, 1. Tetari Devi, 2. Usha Devi, 3. Shobha Devi, 4. Reeta Devi, 5. Sunaripatiya Devi, 6. Geeta Devi @ Gita Kumari and 7. Chandani Kumari, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kalyanpur P.S. Case No.

57 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.