Jagan Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2313 of 2015 Arising Out of PS.Case No. -253 Year- 2014 Thana -FALKA District- KATIHAR ====================================================== Jagan Hansda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 385, 504 and 506/34 of the Indian Penal Code and Section 3/4 of the Prevention of Witch (Daain) Practices Act.

It is alleged that ten days prior to the lodging of the case, she buffalo of Tala Hansda, the neighbour of the informant, died when it was alleged that due to witch craft played by the informant, she buffalo died then the Panchayat directed the informant to make payment of Rs.6,000/- which the informant was not able to pay. It is alleged against the petitioner that he abused the informant by calling a witch.

It is submitted by learned counsel for the petitioner that she buffalo of the Tala Hansda was poisoned to death at the hands

Patna High Court Cr.Misc. No.2313 of 2015 (2) dt.20-01-2015 2/2 of the informant and in order to save skin, the present case with delay has been filed. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the nature of accusation, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Katihar in connection with Falka P.S. Case No. 253 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T