Ram Kishun Chaupal @ Ram Krishun Choupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48390 of 2024 Arising Out of PS. Case No.-86 Year-2022 Thana- SAKATPUR District- Darbhanga ====================================================== Ram Kishun Chaupal @ Ram Krishun Choupal S/o Ganour Chaupal @ Ganori Chaupal R/o vill - Srirampur, Tole Dargah, P.S. - Sakatpur, Distt. - Darbhanga (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sakatpur P.S. Case No. 86 of 2022 dated 28.09.2022 registered for the offences punishable under Section 147, 148, 149, 341, 323, 307, 353, 506 and 509 of the Indian Penal Code and Section 3⁄4 of the Witchcraft Act.
3. As per the prosecution case, it is alleged that a dead body was found under constructed house of the informant and thereafter the petitioner and the co-accused persons entered the house of the informant and started assaulting her and her mother-in-law by calling them witch. The co-accused persons
Patna High Court CR. MISC. No.48390 of 2024(2) dt.01-08-2024 2/3 including the petitioner disrobed the informant and her motherin-law and assaulted with lathi, danda, iron rod, legs and fists.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The allegation against the petitioner is general and omnibus in nature. Learned counsel for the petitioner has submitted that the petitioner has no concern with the alleged occurrence. The similarly situated co-accused has been granted bail by this Court vide order dated 04.01.2024 in Cr. Misc. No. 77165 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sakatpur P.S. Case No. 86 of 2022.
Patna High Court CR. MISC. No.48390 of 2024(2) dt.01-08-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T