Surendra Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34628 of 2015 Arising Out of PS.Case No. -408 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Surendra Yadav S/o Basudeo Yadav Resident of Village Satkodaria, P.S. K. Nagar, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Arti Devi W/o Ravi Lal Yadav Resident of Village Satkodaria, P.S. K. Nagar, District Purnea.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 147,323,342,341 and 504 of the Indian Penal Code and The Prevention of Witch (daain) Practices Act, 1999. It is alleged that the accused persons including the petitioner came and abused the complainant calling her witch and the petitioner made attempt to administer stool to the informant. It is submitted by the learned counsel for the petitioner that in the background of land dispute the accusation has been

Patna High Court Cr.Misc. No.34628 of 2015 (2) dt.01-09-2015 2/2 levelled. The husband of the complainant lodged Complaint Case No. 2011 of 2005 against the brother of the petitioner and others wherein the brother of the petitioner has been acquitted. The petitioner side has also lodged K. Nagar P.S. Case No. 174 of 2005 against the husband and son of the complainant hence in view of the inimical background the accusation has been levelled. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Purnea in connection with Complaint Case No. 408 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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