Kailash Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49575 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -CHAUSA District- MADHEPURA ======================================================

1. Kailash Sah Son of Late Sahdeo Sah,

2. Mira Devi, Wife of Kailash Sah,

3. Arun Sah, son of Late Ramdeo Sah, All are resident of village - Fulout East, P.S. - Chousa (Fulout O.P.), District - Madhepura.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Mr. I.Mahmood , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Chousa (Fulout O.P.) P. S. Case No. 62 of 2015 registered under Sections 147, 148, 323, 379, 447, 504 and 506 of the Indian Penal Code and Section 3/4 of the Prevention of Witch Practices Act, 1999.

It is contended that there is an unexplained inordinate delay in institution of the FIR. The alleged occurrence is of 18th June, 2015 but the report was lodged on 22nd June, 2015. It is

Patna High Court Cr.Misc. No.49575 of 2015 (2) dt.04-11-2015 2/2 further contended that instant case has been instituted in retaliation to Chousa (Fulout O.P.) P. S. Case No. 60 of 2015 instituted on 18.06.2015 by petitioner no. 1 Kailash Sah.

Learned counsel for the State has opposed the application for grant of anticipatory bail to the petitioners. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners named above are 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 Sri Sunil Kumar Singh-III, Judicial Magistrate, 1st Class, Udakishunganj (Madhepura) in Chousa (Fulout O.P.) P. S. Case No. 62 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T