Jitendra Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4816 of 2017 Arising Out of PS.Case No. -121 Year- 2015 Thana -IMAMGANJ District- GAYA ====================================================== Jitendra Bhuiyan, Son of Meghu Bhuiyan, Resident of Village- Guriya Tola Mahuran Dih, P.S.- Imamganj, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Imamganj P.S. Case No. 121 of 2015, registered under Sections 302, 323, 354 and 504/34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch (Daain) Practice Act. The accusation is that ten persons, named in the F.I.R. including the petitioner, came variously armed with lathi danda and Tangi at the door of the informant and started to abuse and also entered in the house by pushing the door and slept the informant and her Gotni. At that time, they cut the neck of Ramrati Devi, mother-in-law of the informant through axe saying that due to witch craft made by her son of Mahendra Bhuian died in accident.

Patna High Court Cr.Misc. No.4816 of 2017 (2) dt.28-02-2017 2/2 Learned counsel for the petitioner submits that while petitioner is named in the F.I.R. but there is no specific overt act is attributed against the petitioner. Further submission is that similarly situated co-accused, have already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 08.08.2016 passed in Criminal Misc. No. 24630 of 2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Sherghati (Gaya) in connection with Imamganj P.S. Case No. 121 of 2015.

(Rajendra Kumar Mishra, J) manish/- U T