Moti Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41034 of 2016 Arising Out of PS.Case No. -283 Year- 2015 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Moti Thakur, S/o Sitaram Thakur,

2. Kalawati Devi, w/o Nageshwar Thakur,

3. Khushbu Devi, W/o Moti Thakur,

4. Chandrawati Devi, W/o Mukesh Thakur,

5. Puja Kumari, D/o Mukesh Thakur, All are resident of Village- Beria Tola, Banjaria, P.S. Pipra, District East Champaran, Motihari ...Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Sri Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Pipra P.S. Case No. 283 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 270 and 379 of the Indian Penal Code and Sections 3/4 of Prevention of Witch Practice Act. It is alleged that the petitioners assaulted the informant, called her Dian causing injuries and misbehaved with her. It is also alleged that the petitioners took away certain some cash also from the house of the informant.

Learned counsel appearing on behalf of the petitioners has submitted that almost all members of the same family including female members have been implicated maliciously in

Patna High Court Cr.Misc. No.41034 of 2016 (2) dt.28-09-2016 2/2 the present case. It has also been submitted that if granted anticipatory bail there is no likelihood that the petitioners shall flee from the course of investigation or trial. Considering the submissions as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Pipra P.S. Case No. 283 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T