Indu Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66863 of 2018 Arising Out of PS. Case No.-283 Year-2018 Thana- KESARIA District- East Champaran ======================================================

1. Indu Devi, Wife of Bhikhari Singh,

2. Bhikhari Singh, Son of Fulgen Singh,

3. Rahul Singh,

4. Gulshan Kumar @ Gulshan Singh, Both are Sons of Bhikhari Singh,

5. Naresh Singh, Son of Ramanand Singh,

6. Ramanand Singh, Son of Late Ramcharitar Singh, All are residents of Village- Gopichhapra, P.S.- Kesaria, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Sri Sakir Ahmad For the Informant :

Mr. Kumar Kaushlendra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Keshariya Police Station Case No.283 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 447, 354, 504, 506/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Motihari, East Champaran.

Submission of the learned counsel for the petitioner is that there is no specific allegation except against petitioner

Patna High Court Cr.Misc. No.66863 of 2018(2) dt.20-11-2018 2/2 No.2, Bhikhari Singh.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the nature of allegation against the petitioners as disclosed in the F.I.R., in my view, this is not a fit case for grant of anticipatory bail, for the reason that all allegedly tortured to the informant alleging that she is a witch. The act of torture is disclosed in the F.I.R. After hearing the parties and considering the facts aforesaid, I am not inclined to enlarge the petitioners, above named, on anticipatory bail. Hence, prayer is refused. The petitioners may surrender and pray for regular bail. The prayer for bail shall be disposed of without being prejudiced by this order.

(Birendra Kumar, J) abhishek/- U T