Kisani Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14653 of 2015 Arising Out of PS.Case No. -92 Year- 2014 Thana -RAGHOPUR District- SUPAUL ======================================================

1. Kisani Devi W/o Jalo Mandal

2. Nageshwar Mandal Son of Jalo Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Juhi Kumari, Advocate For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-04-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323, 354, 504 and 506 of the Indian Penal Code and 3⁄4 of the Prevention of Witch Practices Act.

It is alleged that the petitioners and one Jalo Mandal used to address the informant as witch and on 30.04.2014 the informant was dragged, assaulted and confined into a room. On 01.05.2014 when informant's sons and daughter-in-law came to rescue they were also assaulted and on 2.05.2014 all accused administered night-soil to the informant.

It is submitted by learned counsel for the petitioners that for the initial occurrence of 30.04.2014, the F.I.R. was

Patna High Court Cr.Misc. No.14653 of 2015 (2) dt.10-04-2015 2/2 registered on 05.05.2014 in a petty dispute the accusation has been levelled, there is no injury report on record. A statement has been made in paragraph 3 of the petition that the petitioners have 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Birpur, Supaul in connection with Raghopur P.S. Case No.92 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T