Nand Lal Verma And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21422 of 2015 Arising Out of PS.Case No. -491 Year- 2011 Thana -COMPLAINT CASE District- JAMUI ======================================================
1. Nand Lal Verma Son of Ashok Verma
2. Vijay Verma Son of Ashok Verma
3. Raja Verma Son of Prakash Verma
4. Rina Verma Wife of Ashok Verma All are resident of village - Babubank, P.S. Jhajha, District - Jamui .... .... Petitioners
Versus
1. The State of Bihar
2. Rajendra Paswan Son of Late Raj Kumar Paswan resident of village - Babubank, P.S. Jhajha, District - Jamui .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Rajesh Kumar Sinha For the Opposite Parties : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 341, 452 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act.
The prosecution case is that the accused persons assaulted the complainant and his wife and abused the wife of the complainant by calling witch. It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled and subsequently the complainant has retracted from the initial version and has filed a petition to that effect before
Patna High Court Cr.Misc. No.21422 of 2015 (2) dt.24-06-2015 2/2 learned Court below. Though subsequent to the initial order dated 26.05.2014, whereby petitioners' anticipatory bail application was rejected vide A.B.P. No. 555 of 2014, the petitioners moved before the Sessions Judge, Jamui again vide A.B.P. No. 08 of 2015, but learned Sessions Judge, Jamui vide order dated 21.02.2015 refused to entertain the anticipatory bail application in view of the fact that complainant refused to appear before learned Court below to support the compromise. A certified copy of the order dated 26.05.2014 passed in A.B.P. No. 555 of 2014 has been produced. Let it be kept on record. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
Considering the nature of accusation, petitioners having no criminal antecedent and the retracted version of the complainant, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Complaint Case No. 491-C of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.