Sagoon Das And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50392 of 2015 Arising Out of PS.Case No. -340 Year- 2015 Thana -TEKARI District- GAYA ======================================================

1. Sagoon Das S/o late Narwind Das

2. Manoj Das s/o Sagoon Das

3. Haresh Das S/o Johi Das

4. Shambhu Das @ Shambu Das S/o Johi Das

5. Sarju Das S/o late Surind Das. All resident of Village -Musi tola, Ramgarh, P.s Tekari, District Gaya.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 147, 149, 323, 341, 504 and 506 of the Indian Penal Code and 3 / 4 of the Witch Practices Act. As per prosecution case, son of the informant died due to electric current while connecting electric wire but according to the informant, the cause of death of his son was witch practicing of his wife. Allegation against the petitioners is that they assaulted the informant with fists and slaps as a result of which blood was coming out from his ear.

It is submitted on behalf of the petitioners that they have got no criminal antecedent. Informant and petitioners are Gotias. There is admitted land dispute between the parties. The offences under all the Sections are bailable except Sections 3 / 4 of the Witch Practicing Act. The present F.I.R. has been instituted by the informant due to land dispute between the parties. On behalf of the State, it is submitted that petitioners are

Patna High Court Cr.Misc. No.50392 of 2015 (4) dt.09-02-2016 2/2 named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Tekari P.S. Case no. 340 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T