Dilip Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45075 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== 1.
DILIP RAM Son of Ram Valgar Ram Resident of Mohanpur, Police StationMansoorchak, District - Begusarai. 2.
Chandan Ram Son of Shankar Ram Resident of Mohanpur, Police StationMansoorchak, District - Begusarai. 3.
Nandan Ram Son of shankar Ram Resident of Mohanpur, Police StationMansoorchak, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 354, 379, 504 and 506 of the Indian Penal Code read with Section 34 of the Prevention of Witch (DAAIN) Practices Act. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that petitioners came and started abusing his mother on the pretext that she is a witch, further they assaulted him causing fracture of leg and when his mother came to save him, Shivji
Patna High Court CR. MISC. No.45075 of 2022(2) dt.20-12-2022 2/3 and Dilip tore her blouse and made her semi-naked and also assaulted them on account of which they sustained injuries and petitioners also took away ornaments and clothes. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that no occurrence, in the manner as has been alleged, ever took place, it is further submitted that FIR is based on a written application of the informant wherein it is alleged that he was assaulted causing injury on his leg, it is next submitted that had he been assaulted then definitely he would have been taken to the hospital, it is also submitted that from perusal of the impugned order it would manifest that no injury report is available in the case diary.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 the learned court below where
Patna High Court CR. MISC. No.45075 of 2022(2) dt.20-12-2022 3/3 the case is pending/successor court in connection with Mansoorchak P.S. Case No. 41 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T