Malti Kunwar @ Malti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25181 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Malti Kunwar @ Malti Devi wife of Late Rameshwar Pandey
2. Seema Devi wife of Sunil Pandey
3. Rima Devi wife of Sunil Pandey
4. Ramawati Devi wife of Subhash Pandey
5. Sunil Pandey son of Parash Pandey
6. Guddu Pandey @ Rajesh Kumar Pandey son of Rameshwar Pandey
7. Subash Pandey son of Late Nageshwar Pandey
8. Birendra Pandey son of Late Jagarnath Pandey All residents of village - Dumra, P.S.-Kotwa, District-East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the State : Mr. Sri Arbind Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Kotwa P.S. Case No.20 of 2017 registered under Sections 341, 323, 354, 379, 307 and 504/34 of the Indian Penal Code as well as Section 3⁄4 of the Prevention of Witch (Dain) Practices Act. Regard being had to the specific allegations made against the petitioners no.5 to 8, namely, Sunil Pandey, Guddu Pandey @ Rajesh Kumar Pandey, Subash Pandey and Birendra
Patna High Court Cr.Misc. No.25181 of 2017 (2) dt.01-07-2017 2/2 Pandey that they not only abused the informant but also assaulted her and caused atrocities upon them in various ways, I am not inclined to grant them bail.
Accordingly, their prayer for pre-arrest bail is rejected.
So far as petitioners no.1 to 4, namely, Malti Kunwar @ Malti Devi, Seema Devi, Rima Devi and Ramawati Devi are concerned, since the allegation against them is vague they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Kotwa P.S. Case No.20 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender in the court below within six weeks from today. (Ashwani Kumar Singh, J) Md.S./- U T