Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31227 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- NAUHATTA District- Rohtas ====================================================== SITA DEVI W/o Prasad Uraon R/o village- Chanpura, P.S.- Agahura, DistrictKaimur ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Deovind Kumar Singh For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Nauhatta P.S. Case No. 102 of 2018 for the offence punishable under Sections 147, 148, 341, 323, 302, 201, 427, 447, 448, 504, 506 and 120(B) of the Indian Penal Code and Sections 3, 4 and 5 of Witch Act.
It appears from the First Information Report that the allegation in the First Information Report refers to two occurrences, one which had taken place on 28.08.2018 and the other on 29.08.2018. On 28.08.2018, three persons, namely, Ranjan Uraon, Ramlal Uraon and Kailash Uraon, i.e., the coaccused, are said to have assaulted the informant's mother, alleging that she was practicing witch craft. Since 28.08.2018 itself, informant's mother was allegedly missing. It is alleged that just to conceal the occurrence of 28.08.2018, of
Patna High Court CR. MISC. No.31227 of 2019(2) dt.10-05-2019 2/3 disappearance of the informant's mother, the accused persons, including this petitioner, again came to the informant's house, on 29.08.2018, on the pretext of searching the informant's mother, who had already disappeared since 28.08.2018. It is alleged that, on 28.08.2018, the accused persons hurled abuses and damaged articles in the informant's house. Considering the submission that there is no allegation against the petitioner in respect of the occurrence, which is said to have taken place on 28.08.2018, in my view, case for grant of anticipatory bail is made out. This application is accordingly allowed.
Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 J.M.-cum-Additional Munsif, Dehri, Rohtas, in Nauhatta P.S. Case No. 102 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to
Patna High Court CR. MISC. No.31227 of 2019(2) dt.10-05-2019 3/3 appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Pawan/- U T