Urmila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3920 of 2017 Arising Out of PS.Case No. -332 Year- 2015 Thana -BODHGAYA District- GAYA ====================================================== Urmila Devi, Wife of Manoj Manjhi, Resident of village- Dahariya Bigha, P.S.- Bodh Gaya, District- Gaya .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Bodh Gaya P.S. Case No. 332 of 2015, registered under Sections 147, 148, 149, 323, 302/34 of the Indian Penal Code and Section 3/4 of Prevention of Witch Craft Act.
The accusation is that petitioner along with 11 others named in the F.I.R. assaulted the husband of the informant on the plea that he had practices the witch craft at daughter of coaccused. When the informant reached there to rescue her husband then all the accused persons tried to assault the informant thereafter she concealed herself in the village. On the next day, she informed the matter to the Police, who brought the
Patna High Court Cr.Misc. No.3920 of 2017 (2) dt.23-02-2017 2/2 husband of the informant to the Primary Health Centre, Bodhgaya, where Doctor declared the husband of the informant dead.
Learned counsel for the petitioner submits that though the petitioner along with 11 others are named in the F.I.R., but no specific overt act has been attributed against the petitioner. Further submission is that similar situated co-accused, Nandu Manjhi @ Nanhak Manjhi has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 20.12.2016 passed in Criminal Misc. No. 54333 of 2016. The petitioner is in custody since 02.09.2016. 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 Judicial Magistrate 1st Class, Gaya in connection with Bodhgaya P.S. Case No. 332 of 2015. (Rajendra Kumar Mishra, J) manish/- U T