Sarita Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43702 of 2018 Arising Out of PS.Case No. -9 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Sarita Kumari, D/o Munar Yadav

2. Bindi Devi, wife of Munnar Yadav

3. Sunita Devi@ Kanchan Devi, wife of Pramod Yadav

4. Pramod Yadav@ Pramod Kumar, Son of Munar Yadav, all are resident of Village- Piprahi, P.S. Gamhariya, District Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Madhepura Mahila P.S. Case No.09 of 2015 instituted for the offence under Section(s) 323, 504 Indian Penal Code and Section 3⁄4 of the Witch Craft Act.

Counsel for the petitioners submits that the police after investigation has submitted final form against the petitioners, but the Court below after differing with final form has taken cognizance for the offence under Section(s) 323, 504 Indian Penal Code and Section 3⁄4 of the Witch Craft Act against the petitioners also.

There is general and omnibus allegation against the

Patna High Court Cr.Misc. No.43702 of 2018 (3) dt.01-08-2018 2/2 petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Madhepura Mahila P.S. Case No.09 of 2015, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Madhepura, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- Rohit Kr.

U T