Patna High CourtCR. MISC./3058/2017bail granted

Bailu Hansda And ANR v. The State Of Bihar

2017-04-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3058 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -RANIGANJ District- ARARIA ======================================================

1. Bailu Hansda, S/o Late Jetha Hansda,

2. Talamay Marandi, W/o Sri Bailu Hansda, Both village - Kala Balwa, P.S. Raniganj, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307 and 506 of the Indian Penal Code as well as Section 3/4 of the Prevention of Witch (daain) Practices Act. Son of the petitioners died on 4.9.2016. On the same day, other family members including the petitioners alleged that informant is a witch and death was caused due to witchcraft act of the informant. Thereafter informant left for her maternal house as she was assaulted by the petitioners and others and she died during the course of treatment in the hospital. The petitioners are father-in-law and mother-in-law of the victim boy.

Patna High Court Cr.Misc. No.3058 of 2017 (3) dt.07-04-2017 Considering the entire facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Araria/Successor Court in connection with Raniganj P.S. Case No.231 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioners in this case.

(Birendra Kumar, J) Arvind/- U T