Upendra Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16239 of 2015 Arising Out of PS.Case No. -256 Year- 2014 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Upendra Rai S/o Santlal Rai

2. Ravindra Rai S/o Santlal Rai

3. Chhotu Rai S/o Santlal Rai

4. Mohan Rai S/o Hari Rai

5. Manoj Rai S/o Hari Rai All Resident of Village Katahan, Police Station Mehsi, District East Champaran at Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,324 and 307/34 of the Indian Penal Code and sections 3 and 4 of the Prevention of Witch (Daain) Practices Act.

On the premonition that the informant practices witchcraft, petitioner Mohan Rai caused injury to the informant with Farsa when the informant's nephew came to rescue he was also assaulted by all the accused persons. Petitioner Chhotu Rai caused injury to the informant's son with Farsa. It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.16239 of 2015 (2) dt.08-05-2015 2/2 that no injury was caused to the informant's son. Statement to the aforesaid effect has been made in paragraph 3 of the supplementary affidavit. It is further submitted that the injuries of the informant and informant's nephew have been found to be simple. There is counter version of the occurrence also. Statement has been made in paragraph 3 of the petition that the petitioners has no criminal antecedent.

Considering the aforesaid facts, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Motihari, East Champaran in connection with Mehsi P.S. Case No. 256 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T