Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62267 of 2017 Arising Out of PS.Case No. -222 Year- 2017 Thana -RAJAUN District- BANKA ====================================================== Prince Kumar S/o Sanjay Yadav, R/o village- Chaksafla, P.S.- Rajoun, District- Banka.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Rajoun PS case no. 222 of 2017 registered for the offences punishable under Sections 341, 323, 504, 506 of Indian Penal Code and Section 3/4 of Prevention of Witch Atrocities Act. The allegation against the petitioner is that when the informant was going for a natural call, he called her a witch and not only abused her but also assaulted her.
The learned counsel for the petitioner submits that all the sections of Indian Penal Code in which the petitioner is booked, are bailable in nature except Section 3/4 of Prevention of Witch Atrocities Act which is non-bailable. In such view of the matter, the learned
Patna High Court Cr.Misc. No.62267 of 2017 (2) dt.04-01-2018 2/2 counsel for the petitioner submits that the petitioner is entitled to the privilege of anticipatory bail especially since he has a clean antecedent and is a student of tender age.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Rajoun PS case no. 222 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J.) rinkee/- U T